Why no one is discussing invention patents

For the purposes of the Patent Law, an invention refers to a new technical solution proposed for a product, process or improvement thereof. Its characteristics are: first, 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. The invention for which a patent is granted shall be novel, inventive and practical.

Novelty means that the same invention or utility model has not been published in domestic or foreign publications, publicly used in China or otherwise known to the public before the filing date, and there is no application for the same invention or utility model filed by others with the patent administration department and recorded in the patent application documents published after the filing date. Inventive step means that the invention has outstanding substantive features and significant progress compared with the art prior to the filing date, and the utility model has substantive features and progress. Utility means that the invention can be manufactured or used and can produce positive effects.

What to discuss? What is an invention patent?

How to apply for an invention patent?

How to apply for an invention patent?

What technologies can be invented for an invention?

How long does it take to apply for an invention patent?

How much does it cost to apply for an invention patent?

The invention is patented. The Patent Law stipulates that there are three types of inventions and creations that can be protected by patents: inventions, utility models and designs, among which patents with implicit reputations are the most important ones. The invention for which a patent is granted shall be novel, inventive and practical.

Patent Law of the People's Republic of China

Article 2. For the purposes of this Law, the term "invention-creation" refers to inventions, utility models and designs. An invention refers to a new technical solution proposed for a product, a process or an improvement thereof.

Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product. Appearance design refers to the new design of the shape and pattern of the product or its combination, as well as the combination of color and shape and pattern, which is aesthetically pleasing and suitable for industrial application.

1) The inventor is the person who completes the invention and puts forward creative insights on the conception of the invention and the concretization of the idea; The inventor is an individual, not an organization; (2) The patent applicant is the person who applies for a patent to the patent office for an invention-creation, and the inventor is generally the patent applicant, but the two are different, such as service inventions; It can be an individual or an organization; (3) The patentee is a person who enjoys the patent right, unlike the patent applicant, the patent applicant applies for a patent right for an invention-creation, and if it is approved, the applicant obtains the patent right and is the patentee, and if it is not approved, it does not enjoy the patent right. In addition, the right to apply for a patent and the right to apply for a patent can be transferred separately. Patent Law of the People's Republic of China Article 9 Only one patent can be granted for the same invention-creation.

However, if the same applicant applies for both a utility model patent and an invention patent for the same invention on the same day, and the utility model patent right obtained first has not been terminated, and the applicant declares that he has renounced the utility model patent right, the invention patent right may be granted. If two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the person who filed the first invention.

The right to state that he is the inventor or designer in the application documents is a right of authorship, so as a right of authorship, the inventor or designer can claim to enjoy it or request to give it up. If the inventor or designer does not wish to publish his or her name in the application documents, he or she may check "do not publish his name" after the information column of the inventor or designer in the application form when filing the patent application. If the patent office finds that the requirements are met, the patent office shall not publish the name of the inventor in the patent gazette, the single copy of the patent application, the single copy of the patent and the patent certificate, and shall indicate the words "request for non-publication of name" in the corresponding position, and the inventor shall not request the republication of his name.

If the inventor or designer wishes not to publish his or her name after filing a patent application, he or she shall submit a written statement signed or sealed by the inventor and shall submit it before the patent application is ready for publication.

Inventions and utility models for which a patent is granted shall be novel, inventive and practical. Novelty means that the invention or utility model does not belong to the prior art, and no unit or individual has filed an application for the same invention or utility model with the patent administration department before the filing date, and it is recorded in the patent application documents or published patent documents published after the application date. Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantial features and progress.

Utility means that the invention or utility model can be manufactured or used and can produce positive effects.

The novelty of the invention-creation for which the patent is applied shall not be lost if it falls under any of the following circumstances within six months before the filing date:

1) When a state of emergency or extraordinary circumstances arises in the country, it is disclosed for the first time for the purpose of public interest;

2) It is exhibited for the first time at an international exhibition sponsored or recognized by China**;

3) Published for the first time at a prescribed academic conference or technical conference;

4) Others leak their content without the applicant's consent.

Patent Law of the People's Republic of China Article 16 The inventor or the first designer has the right to indicate in the patent documents that he or she is the inventor or designer.

The patentee has the right to mark the patent mark on the patented product or the packaging of the product.