Who is protected by patent law?

According to Article 1 of the Patent Law, the object of patent protection in China is invention and creation. Article 2 of the Patent Law stipulates that "the term "invention-creation" in the Patent Law refers to inventions, utility models and designs". Therefore, the object of patent protection in China includes not only inventions, but also utility models and designs.

In the vast majority of countries, the subject matter of patent protection is limited to inventions and excludes utility models and designs. In fact, China's patent system can be divided into invention patent system, utility model patent system, and design patent system. The patent system of foreign countries generally refers to the patent system corresponding to China's invention patent system, excluding the utility model system and the design system.

Article 1 of the Patent Law of the People's Republic of China (2000 Amendment) is hereby formulated in order to protect patent rights for inventions and creations, encourage inventions and creations, facilitate the popularization and application of inventions and creations, promote scientific and technological progress and innovation, and meet the needs of socialist modernization.

Article 2 The term "invention-creation" as used in this Law refers to inventions, utility models and designs.

Rich people,.Yao Zhongliang, a deputy to the National People's Congress, bought a set of patented products from me, and then counterfeited them and made hundreds of millions of yuan, causing counterfeiting and infringement across the country. After the White Elephant Group was sued by me, the collegial panel for patent reexamination jointly forged the documents and altered the date to delay the time limit for proof, and it was impossible to prove it by finding a US patent.

The collegial panel tampered with the transcript of the oral examination, referred to the innovative technology as "common knowledge", and declared all patents invalid with [easy to think]. I sued the Patent Reexamination Board, but the court judgment turned a blind eye to patent wrongdoings and procedural violations, and only reunited the panel, and was still helping to correct the collegial panel's erroneous ......In the end, the two trials were lost, resulting in the failure of national rights protection. The Beijing High People's Court rejected the notice of application for retrial, and Judge Dong Huanxin knew that it was a wrong case, so he did not dare to mention the forged documents, and did not explain the reasons and leave the judge's name.

The inventor went to the Supreme Court to submit an application for retrial, but after waiting for more than a month, there was no news, but Judge Jiang Jianzhong of the First Intermediate People's Court called: "The Beijing court has rejected your case, the Supreme Court has not filed the case, and we will take action if you want to act radically." ”。Chen again applied to the Supreme Court for a retrial, telling that "the Supreme Court has already filed the case."

The Supreme Court [ordered the Beijing High Court to retry the case] before holding the final pass. Eight years have passed since the infringement, and it is still unclear whether the "patent right" is valid.

1. Invention. An invention refers to a new technical solution proposed for a product, a process or an improvement thereof. The invention must be a technical solution, which is the result of the inventor's application and combination of the laws of nature in a specific technical field, rather than the laws of nature itself, so scientific discoveries do not belong to the category of inventions.

At the same time, inventions are usually intellectual achievements in the field of natural sciences, and achievements in the fields of literature, art and social sciences cannot constitute inventions within the meaning of patent law.

According to the provisions of the patent examination system, inventions are divided into two types: product inventions and process inventions, which can be either original inventions or improved inventions.

1. A product invention is an invention about a new product or a new substance. This kind of product or substance is something that nature has never had, and it is the result of man using the laws of nature to act on a particular thing. If an article is completely in a natural state and has not been processed or transformed by anyone, it is not a product invention as stipulated in the Patent Law of China, and a patent cannot be obtained.

2. Method invention refers to the invention of means and steps adopted to solve a specific technical problem. Patentable methods usually include manufacturing methods and operation methods, the former such as product manufacturing process, processing method, etc., and the latter such as testing method, product use method, etc.

3. An improved invention is a technical solution that makes a substantial innovation to an existing product invention or process invention. For example, Edison invented the incandescent lamp, which is an unprecedented new product that can be applied for a product invention; The method of producing incandescent lamps can be patented; Filling incandescent lamps with inert gas, its quality and life have been improved by Mingxiao spinal stove, which is an improvement on the basis of the original skill, and can apply for an improvement invention.

2. Utility models.

A utility model refers to a new technical solution for the shape, structure or combination thereof of a product that is suitable for practical use. Utility model patents only protect products. The product should be an entity that has been manufactured by industrial methods and occupies a certain amount of space.

All relevant processes (including the use of the product) and articles of natural existence that have not been artificially manufactured are not the subject matter of protection of utility model patents. The above-mentioned methods include the method of manufacturing, the method of use, the method of communication, the method of processing, the computer program, and the use of the product for a specific purpose, etc.

Legal analysis: The object of protection of a patent right refers to the invention-creation that should be granted a patent in accordance with the law. According to Article 2 of the Patent Law of the People's Republic of China, the subject matter of the patent law includes three types: the first invention, the utility model and the design.

Legal basis: Article 2 of the Patent Law of the People's Republic of China The term "invention-creation" as used in this Law refers to the number of inventions, utility models and appearances.