What Kind Of Inventions Can Be Protected By Patents?
The protection of patent law in China
Invention and creation
It includes three kinds of invention, utility model and appearance design.
Inventions refer to new technical plans proposed for products, methods or improvements; utility models refer to new technical solutions that are applicable to the shape, structure, or combination of products; designs refer to new designs that are aesthetically beautiful and suitable for industrial applications when combined with shapes, patterns, colors or combinations of colors, shapes and patterns.
So
patent law
The invention of protection has its specific meaning.
Patent for invention and utility model only
Protection technology field
Inventions, that is, only the protection of technical schemes, can not be granted exclusive rights for purely scientific theories, teaching methods, calculation methods, artificial rules, such as taxation methods, game methods, advertising methods based on psychology, and ways to improve the enthusiasm of labourers.
According to the provisions of the patent law, invention patents can be divided into two categories: product invention patents and methods invention patents.
Product invention refers to all kinds of inventions, such as invention of machines, meters, tools and their parts, and invention of new materials and new materials.
The invention of Methods refers to all inventions in the form of procedures and processes, such as the manufacture and processing of products, the testing of materials, the methods of testing, and the use of products.
The invention of the utility model patent protection method is limited to only one part of the product invention, that is, the product with certain shape or structure.
The design protects the shape characteristics of the product, which must be embodied by specific products and can be produced and duplicated in industrial way.
The characteristics of this shape can be the three-dimensional modeling of the product, or the surface pattern of the product, or the combination of the two, but it can not be a design or graphic design detached from the specific product.
China's patent law also stipulates that no patent right for invention and utility models shall be granted to the following items.
The Patent Office of the State Intellectual Property Office (hereinafter referred to as the Patent Office) will refuse to handle any of the following applications.
(1) scientific discoveries, such as new discoveries, new understandings of natural phenomena, social phenomena and their laws, and pure scientific theories and mathematical methods;
(2) the rules and methods of intelligence activities, such as the methods of education and training for people and animals, the plan and rules for organizing production and games;
(3) diagnosis and treatment of diseases;
(4) varieties of animals and plants;
(5) substances obtained by nuclear pformation.
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Among them, (1), (2) two items can not be protected by patent because they do not belong to the category of technological inventions.
Item (3) is unfit for the life and health of the people. It is not appropriate to grant the patent right. However, all kinds of samples of human excrement, hair and body fluids, as well as the examination and examination of tissue sections are not the diagnostic methods of diseases.
Item (4) because it is very difficult to confirm the genetic character of plants and animals, it is difficult to protect by patent. International regulations are usually formulated, such as "seed law".
Item (5) can not be granted a patent right because it is closely related to the manufacturing and production of weapons of mass destruction.
Although the above (3) method can not be protected, the invention of instruments and equipment for various diagnostic and therapeutic diseases can be protected.
Item (4), (5) the product itself is not protected, but their production methods, instruments, equipment and tools used in production and research can be protected.
For utility model patents, only products are protected, and all related methods, including the use of products, and unmanufactured natural products will not be granted utility models.
The above methods include manufacturing methods, usage methods, communication methods, processing methods, computer programs and specific uses of products.
In addition, the shape of products without definite shape, such as gaseous, liquid, powdery, granular materials or materials, can not be used as the shape features of utility models; for raw materials, such as various profiles, which only change the composition, they can not be a specific shape feature of the product.
The molecular structure and composition of matter are not protected by utility models.
The shape and surface design, color, character, symbol, chart or new design of the product do not solve the technical problems, nor do they belong to the object of the utility model patent protection.
For the design patent, although the patent law does not clearly list the items that do not grant the patent right, but the products that can not be produced and duplicated by industrial methods, such as pure works of art, products made directly from natural objects, and fixed buildings that are combined with specific terrain, can not be granted the right to design patents; besides, the portrait, national flag, national emblem, registered trademarks, service marks, figures, dates, characters, and signs related to the major political and social activities of the modern people can not be granted the right to design patents; the words, letters and numbers themselves are not patterned, and the microscopic patterns and shapes of the products can not be given the protection of the design patent because they can not be seen with the naked eye.
In addition, inventions that violate national laws, social ethics or public interests, such as drug utensils, methods and tools to destroy burglar doors, designs that harm good customs and national feelings, and so-called inventions that violate scientific principles, such as perpetual motion machines, can not be patented.
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