The invention of the patent law refers to a new technical proposal for the product, method or its improvement. The characteristic is: firstly, invention is a new technical scheme. It is a technical solution that USES natural law to solve various problems in production, scientific research and experiment. It is usually composed of several technical features. Secondly, invention is divided into two types: product invention and method. The invention of the product includes all the objects created by human beings, and the invention includes all the methods of creating and creating by using the laws of nature. The invention can be divided into two types: manufacturing method and operation method. In addition, the invention of patent law protection can be an improvement on existing products or methods.
The invention of patent right shall have novelty, creativity and practicality. Novelty is to point to in before the date of filing no same invention or utility model on the publications published both at home and abroad, used in the domestic public or known to the public by any other means, nor the same invention or utility model by others to apply for the administrative department for patent under the state council proposed and recorded in patent application documents published after the date of filing. Creativity refers to the fact that the invention has outstanding substantive features and significant progress compared with the technology that existed before the date of application. The utility model has the substantive characteristics and progress. Practicality means that the invention can be manufactured or used, and can produce positive effects.
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