What is an invention patent?




Release time:2016-08-22

The term "invention" as mentioned in the Patent Law refers to a new technical solution proposed for a product, method or improvement thereof. Its characteristics are: First, the 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 generally consists of a number of technical characteristics. Secondly, the invention is divided into two types of product invention and method invention. Product inventions include all items created by people, and method inventions include all methods that use the laws of nature to produce through invention and creation. The method invention can be divided into two types: manufacturing method and operation method. In addition, the invention protected by patent law can also be an improvement on an existing product or method.

The invention for which a patent right is granted shall be novel, inventive and practical. Novelty means that the same invention or utility model has not been publicly published in domestic or foreign publications, publicly used in China or otherwise known to the public before the filing date, nor has the same invention or utility model been applied for by others to the administrative department for patent under the State Council and recorded in the patent application documents published after the filing date. Inventiveness means that the invention has outstanding substantive features and significant progress compared with the technology existing before the date of application, and the utility model has substantive features and progress. Utility means that the invention can be made or used and can produce positive effects.