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What is an invention patent? What are the characteristics of invention patents? There are three types of patent applications, and invention patents are one of the three types, so what is an invention patent?
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What is an invention patent? For the purposes of the Patent Law, an invention refers to a new technical solution proposed for a product, process or improvement thereof. What are the characteristics of invention patents?
1) The invention is a new technical solution. It is a technical solution that uses the laws of nature to solve various problems in production, scientific research and experiments, and is generally composed of several technical features. Secondly, inventions are divided into two types: product inventions and method inventions.
Product inventions include all things created by man, and process inventions include all methods that are produced through inventions using the laws of nature. Process inventions can be divided into two types: manufacturing methods and operation methods. In addition, an invention protected by patent law can also be an improvement on an existing product or process.
2) The invention for which a patent is granted shall be novel, inventive and practical. What is an invention patent? What are the characteristics of invention patents?
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1. Exclusivity.
Proprietary is also called"Exclusivity"The so-called exclusivity refers to the exclusive right of the patentee to manufacture, use, sell, import and export its invention-creation.
2. Regionality.
According to the principle of patent independence stipulated in the Paris Convention, the territorial characteristics of patent rights refer to the patent rights granted by a country in accordance with its own patent law, which are only valid within the scope of the laws of that country and have no binding effect on other countries.
3. Timeliness.
The so-called temporality means that the patentee has all the exclusive rights granted by law to his invention and creation that are only valid within the time prescribed by law, and after the expiration of the period, the patentee no longer has the exclusive right to manufacture, use, sell, offer to sell and import the invention-creation. At this point, inventions and creations that were originally protected by law have become the public wealth of society, and any unit or individual can use them free of charge.
4. Duration.
The patent laws of various countries have clear provisions, and the term of protection of invention patent rights generally ranges from 10 to 20 years from the filing date; The term of utility model and design patents is 5-10 years in most countries, and the term of protection for invention patents, utility model patents and design patents under the current Patent Law of China is 20 years, 10 years and 10 years respectively from the filing date.
5. Intangibility.
Patent rights are intangible, and many people tend to regard this feature of patent rights as the object of their protection - the technology protected by patent rights, but in fact, intangibility is the patent right itself. Otherwise, in the case of a trademark, the object is a pattern, which is obviously not intangible.
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An invention patent is a unique form of patent with the following characteristics:
Innovativeness: An invention patent grants a new invention, rather than a reorganization or redesign of something that already exists. The invention must be novel, non-obvious, and practical.
Exclusivity: The patent belongs only to the patent holder and no one can use, manufacture or sell it without permission.
Publicity: Patents disclose the invention so that others can learn about it and promote the development of technology, science and economy to a certain extent.
Economical: Patent holders can introduce patents** or introduce them to the market, or they can obtain economic benefits through the transfer of patented technology.
In conclusion, invention patents play an important role in promoting scientific and technological innovation and protecting intellectual property rights. The granting of invention patents can encourage the innovative spirit of inventors, and promote scientific and technological progress and economic development by protecting the rights and interests of inventors and disclosing information about inventions.
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Innovation, trend, fashion, real ignition of the ear. It's really a thing. Cling. Energy. Justice, quiet, free, popular. Breadth. This word can burst out of the true meaning of the invention of Pi Zaibu. Of course, patents require innovation.
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1. Propriety is also called"Exclusivity"The so-called exclusivity refers to the exclusive right of the patentee to manufacture, use, sell, import and export the invention and innovation. 2. Territoriality refers to the patent rights granted by a country in accordance with its own patent law, which are only valid within the scope of the jurisdiction of the country's laws. 3. Duration.
4. Intangibility, patent rights are intangible. Article 26 of the Patent Law of the People's Republic of China A person applying for a patent for invention or utility model shall submit a written request, a description and its abstract and claims. The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.
The description shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of it by a person skilled in the art to which it belongs; When necessary, hail should be searched with a drawing. The abstract shall briefly describe the technical points of the invention or utility model. The claims shall be based on the description, and the scope of patent protection shall be clearly and concisely limited.
For inventions that rely on genetic resources, the applicant shall indicate in the patent application the direct and original nature of the genetic resources; If the applicant is unable to explain the original **, the reasons shall be stated.
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