Whether the profit model can be patented

See whether it meets the conditions for applying for a patent under the Patent Law of the People's Republic of China.

Chapter II Conditions for Granting Patents.

Rule 22 Inventions and utility models for which a patent right is granted shall be novel, inventive and practical.

Novelty refers to the fact that the same invention or utility model has not been publicly published in domestic and 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 refers to the fact that the invention has outstanding substantive features and significant progress compared with the art existing before the filing date, 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.

Rule 23 The design for which a patent right is granted shall be different or similar to the design that has been publicly published in domestic or foreign publications or publicly used in China before the filing date, and shall not conflict with the prior legal rights of others.

Rule 24 The novelty of an invention-creation for which a patent application is made shall not be lost under any of the following circumstances within six months prior to the date of application:

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

2) It is first published at a prescribed academic conference or technical conference;

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

Rule 25 No patent shall be granted for the following items:

a) scientific discoveries;

b) rules and methods of intellectual activity;

3) Diagnosis and method of disease;

iv) animal and plant varieties;

v) Substances obtained by the nuclear transformation method.

A patent may be granted in accordance with the provisions of this Law for the production methods of the products listed in subparagraph (4) of the preceding paragraph.

Article 5 No patent shall be granted for inventions and creations that violate national laws or social morality or impede the public interest.

Obviously not, so there is more than one chicken in the world.

Legal Analysis: Business models cannot be patented. The business model belongs to the rules and methods of intellectual activity.

rules and methods for intellectual activity according to the regulations; Diagnosis and methods of the disease; animal and plant varieties; nuclear transformation methods and substances obtained by nuclear transformation methods; The design, color, or combination of the two of the graphic prints is mainly used for identification; No patents are granted for scientific discoveries, etc.

Basis of the Law of Laws and Things: Article 25 of the Patent Law of the People's Republic of China shall not grant patent rights for the following items: (1) scientific discoveries; b) rules and methods of intellectual activity; 3) Diagnosis and method of disease; iv) animal and plant varieties; (5) nuclear transformation methods and substances obtained by nuclear transformation methods; (6) The design of the pattern, color or combination of the two of the two is mainly used for identification.

For the method of producing the liquid in the product listed in item (4) of the preceding paragraph, Ranqiao may grant a patent in accordance with the provisions of this Law.

The business model itself is not patentable, and this is true in all countries. In China, patents are divided into three types: invention, utility model and design. The scope of protection for each type of patent is also different.

The business model is not covered by patent protection. A patent is generally a document issued by a ** organ or a regional organization representing several countries according to the application, which records the content of the invention and creation, and produces such a legal state within a certain period of time, that is, the patented invention can only be exploited by others with the permission of the patentee under normal circumstances.

At present, the so-called business model patent actually refers to the commercial behavior carried out by using IT technology, because it involves some information processing processes and has a relatively strong technical nature, and it can be considered to extract the technical content of a certain transaction process to achieve the protection of the Internet business model in essence.

A typical example is Amazon's "one-click" patent. This kind of patent often receives special attention in the granting of patents because of its business model background, and the examiner has to determine whether the patent content belongs to a pure business model, and if so, it cannot be granted; In the past, the U.S. had a relatively loose grasp, so people mistakenly thought that it was possible to apply for a patent for a business model in the U.S.

First of all, not all ideas can be patented, and patents need to be novel, inventive and practical. Generally speaking, patents refer to a product, and some methods can also apply for invention patents, but they must be able to solve a technical problem, otherwise they cannot be called patents. The company's profit model should belong to the category of creativity and ideas, which cannot be protected by patents.

In addition, if you want to put your own stamp on this model, then you can consider protection in the form of a written work, which falls under the category of copyright. But this method does not restrict others from using your model to operate, it can only be said that this model is proposed by you.

The object (scope) of patent protection is industrial property, i.e. the reproducible production or use in industrial production. Note the "industrial" referred to here. The business mode you propose is a kind of rules and methods of intellectual activities, and it is clearly stipulated in Article 25, Paragraph 2 of the Patent Law that the rules and methods of intellectual activities cannot be patented.

No, vague or abstract concepts such as these are not patentable.

How to use patents for profit.

The mode of patent operation is generally as follows: patent transfer, patent auction, patent licensing, patent pool, patent trusteeship, technology transfer, patent rights protection, industry-university-research cooperation intermediary services, patent display and trading, etc.

The most important object in patent operation is the patent, and without a patent application or patent right, there is naturally no patent operation. In recent years, Apple's and Samsung's patent wars, Google's acquisition of Motorola, Huawei's payment of patent licensing fees to Ericsson, and Xiaomi's active purchase of U.S. patents are all typical patent operation events.

Since the whole life cycle of a patent is not more than 20 years from the technical solution to the patent application, to the response to the examination and the authorization, the maintenance of the annual fee until the final invalidation, and the patentee chooses to give up the short 3-5 years. It is precisely the time factor that the duration of the patent survival is also greatly affected by the purpose and manner of the patent operation, and if it cannot be rewarded through the patent application and grant, then the value of the patent as an applicant will gradually decrease until it is abandoned.

At present, the way of domestic patent operation is relatively extensive, many of them still stay at the level of patent transfer, and even some people will be equal to patent transfer and patent operation, which is caused by many reasons, under the policy encouragement and the "wisdom" of some people and institutions, at different stages, showing different states:

1. Patent application stage: in order to authorize the "compilation" of patents, the so-called junk patents are created; currently for the purpose of subsidy, subsidy, funding, or for authorization to transfer;

2. Authorized patents: for the purpose of applying for projects, evaluating high-tech enterprises, or for students to get extra points for higher education, evaluating professional titles, etc.;

3. Licensing or transfer: in order to provide convenience to people or enterprises in urgent need and obtain profits;

4. Patent industrialization: industrialization of patents, obtaining social and economic benefits, using patents to publicize products, and obtaining patent brand effects;

5. Patent litigation rights protection: In order to attack the opponent, use patent authorization to protect their own products, or sue the other party for profit, which must be used as a bargaining chip for intellectual property protection.

You also, the business model is not patentable, it belongs to the company's secrets, the core of the business model you can archive, not confidants, and that's it, there is nothing else to do.

The premise of patent profitability is that there is indeed a real technology, and it meets the needs of the market, and it is not said to make money by taking subsidies and certifications, although the vast majority of domestic patents are now for this purpose.