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What is a patent for an invention?
Release Time：
2020-06-08
Source: State Intellectual Property Office Published: 2020-06-08
An invention, as referred to in China's Patent Law, is a new technical program for a product, method or improvement thereof. It is characterized by the following: first, an invention is a new technical solution. It is a technical solution to solve various problems in production, scientific research and experimentation by utilizing the laws of nature, and generally consists of a number of technical features. Secondly, according to the nature of the division, invention claims have two basic types, divided into product claims and method claims. Product claims include things produced by human technology (products, equipment), and method claims include activities with time process elements, which can be divided into two types of methods and uses. An invention protected by patent law may also be an improvement of an existing product or method.
An invention for which a patent is granted should possess novelty, inventiveness and utility. Novelty means that the invention does not belong to the prior art; nor has any unit or individual filed an application for the same invention or utility model with the Patent Office before the filing date, and recorded in the patent application documents published or announced after the filing date (including the filing date). Inventiveness means that the invention has outstanding substantive features and significant progress as compared with the technology known to the public at home and abroad before the filing date. Utility means that the invention is capable of being manufactured or used and of producing positive effects.
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