Traditional Culture Encyclopedia - Traditional virtues - What does the invention patent include?
What does the invention patent include?
According to the provisions of China's patent law, there are three kinds of inventions that can be protected by patents: inventions, utility models and designs, of which invention patents are the most important. The patent laws of most countries do not define invention, and scholars have different opinions on the definition of invention. Through the understanding and analysis of the provisions of patent laws in various countries, it can be considered that invention is a technical solution put forward by inventors to specific problems by using natural laws. Therefore, it is pointed out in the detailed rules for the implementation of China's patent law that "the invention mentioned in the patent law refers to a new technical scheme proposed for a product, method or its improvement". The inventor can only succeed if he applies to the Patent Office for this technical scheme and passes a series of rigorous examinations, especially the examination of novelty, creativity and practicality. Grant a patent right to an application for a patent for invention that meets the requirements. The applicant should also go through the registration formalities on schedule and pay the annual fee for the current year, so that the application for a patent for invention can formally become an invention patent with various patent attributes. It is worth pointing out that invention is different from discovery. Discovery is to reveal the natural laws and essence that already exist in nature, but have not been recognized by people. Invention is a technical scheme to solve specific problems by using the laws or essence of nature. Found it impossible to apply for a patent. Only inventions can be patented. It should also be pointed out that the invention referred to in the patent law is only a technical solution to a specific problem. Although the concept of this technical scheme has not been proved by practice that it can be directly used in industrial production and made into concrete articles when obtaining the patent right, it is an intangible intellectual property right. However, the conception of this technical scheme can not be compared with those who simply put forward the technical name and idea, or just express a wish, and there is no clear and specific implementation method, nor does it have the possibility of future implementation. Obviously, the latter cannot be called an invention in patent law. Inventions mentioned in the patent law can be divided into product inventions (such as machines, instruments, equipment and appliances) and method inventions (manufacturing methods). Inventions in some technical fields are not patented, such as diagnosis and treatment of diseases and substances obtained by nuclear transformation. The invention of computer software depends on whether it belongs to simple computer software or special software that can be combined with hardware and treated differently. The latter can apply for patent protection. As for inventions involving microorganisms, you can also apply for invention patents. However, the certificate of microbial preservation shall be submitted on schedule.
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