Are there any patents that can't be applied for? The question is whether you can get the patent right after applying. The so-called functional difference is called transformation invention in the invention classification. The utility model invention belongs to the invention patent, because the utility model patent does not protect the use. There are certain requirements for the creativity of invention patents, that is, unexpected technical effects are required. In patent practice, utility models often appear in the discovery of a new use of a known drug and the discovery that a drug can also treat another disease. The new use of this discovery can achieve an effect that people's common sense can't infer in advance, so it is creative.
The reason why I thought of using drug examples to explain the creativity of transformation invention is because many inventors are unwilling to explain their specific solutions to the answer, so they use water injection and inserting things as metaphors. But I don't think your patent is as simple as inserting something into the water. My original intention is to tell you what level the creative judgment standard of transforming inventions needs to reach. According to the creative judgment standard of drug transformation invention, can we weigh whether the creative height of our invention can reach this standard? Then decide whether to apply for a patent.