Method combination patent

Method patent is the technical scheme of method. At present, the definition of method patent is rare in China, and many experts and scholars introduce method patent by describing and summarizing. For example, some scholars believe that the method in patent law can be a complete process consisting of a series of steps, or it can be a step; It is also pointed out that, generally speaking, a main difference between a method and a product is that a method, as a technical scheme, contains a time factor, which is embodied in the fact that a method is usually developed gradually in time by multiple behaviors or phenomena according to certain rules, including a time continuation factor. What needs to be further clarified is that in reality, there are many kinds of methods, and the contents involved are also very wide. Of course, not all methods can be patented. The methods in the method patent have conditional requirements, specifically, these conditions are the requirements for the technical features and their combinations that constitute these methods, and these technical features and their technical solutions shall conform to the basic provisions and requirements of the relevant technical solutions in the product patent. In this way, many methods in reality are excluded from the method patent.

The characteristics of method patent can be summarized as the following two parts:

1, and the method types are diversified.

According to the general understanding, method patent often refers to the method of manufacturing products. In fact, this is only a part of the method types involved in the method patent. According to the explanation in Chapter 2 (3. 1. 1) of China Patent Examination Guide, the methods involved in method patent mainly include manufacturing method, use method, communication method, processing method and method of using products for specific purposes.

When some scholars generalize the chemical methods involved in patents, they generalize chemical methods as methods of producing or preparing chemical substances, methods of handling, using and testing chemical substances, etc. Moreover, it is considered that the chemical methods mentioned here are not limited to the actual chemical methods, but also include physical methods, biological methods, microbial methods and other means that can change substances [12].

As for the generalization of methods in method patents, the author thinks that China National Intellectual Property Administration's views in related materials are more comprehensive. The general content is to divide the methods into three types:

The first is the manufacturing method, which acts on some articles to change their shape, structure or physical and chemical properties and produce new articles.

The second is the operation method, which is not to change the shape, structure and physical and chemical properties of existing articles, but to achieve a certain technical effect with the help of these articles. Such as measurement methods, detection methods, mining methods, analysis methods, etc. ; In addition, it also includes power generation method, refrigeration method, lighting method, communication method, broadcasting method and other methods for obtaining certain technical effects.

The third is the method of use, also called practical invention. This is a new application mode of known articles, and new technical effects can be obtained through the special use of this article without changing the product itself. This situation includes new uses of patented products and new uses of non-patented products [13].

2. Dependence on products

In the existing international intellectual property conventions and domestic intellectual property laws and regulations, method patents are regarded as independent patent types corresponding to product patents. But if we analyze it carefully, we will find that the method patent cannot exist without the product. Logically speaking, product is not only the starting point of method patent, but also its foothold. This feature can be explained from the following two points:

A, the raw materials used in the manufacturing method are some articles, and some may even be patented products. As a result of using the manufacturing method, some articles may meet the conditions of the patent law and can be patented products through application; It is also possible that the characteristics of these articles do not meet the requirements of the patent law, or even products that cannot be patented according to the provisions of the patent law, so they cannot be patented products [14]; Another possibility is that the product itself is a known product, but this method can improve efficiency and save costs. As far as this method is concerned, its technology is advanced, practical and its effect is positive and beneficial. Because the technical scheme formed by the technical characteristics of this method meets the requirements of the patent law, this method can obtain a method patent. It can be seen that although the method patent is based on the product, its patentability is not affected by the product.

B, for the operation method and use method, it is also inseparable from some articles as the basis or tools. Of course, there is no necessary connection between the articles and the method whether it can be patented.

Patent method refers to the application of patented method and technology in product production.