Contents
1. What is an invention patent?
2. What are the conditions for granting a patent in China?
3. What is the invention patent application process in China?
1. What is an invention patent?
Invention patent refers to a new technical solution proposed for a product, process or its improvement.
Products refer to all kinds of new products that can be manufactured in industry, including solids, liquids, gases and other items with certain shapes and structures; Method, on the other hand, refers to the method of processing raw materials into various products.
Invention patents do not require technological achievements that have been proven in practice to be directly applied to industrial production, but they should not be confused with simply proposing topics or ideas, because simple topics and ideas do not have the possibility of industrial application.
The term of protection of an invention patent is calculated from the filing date and lasts for a maximum of 20 years.
2. What are the conditions for granting a patent in China?
Invention patents shall be novel, inventive and practical, and the requirements and nature of invention patents are described below:
(1) Novelty:
Means that the invention does not belong to the prior art known to the public, and the same invention is not based on the filing date of the invention, and the application is made before but the disclosure is later (i.e., there is no conflict with the application).
• Principle of judging novelty
The novelty of an invention-creation for which a patent is applied shall not be lost if it falls under any of the following circumstances within six months prior to the filing date:
A. In the event of a state of emergency or extraordinary circumstances in the country, the first disclosure is made for the purpose of public interest;
B. Exhibitors for the first time at international exhibitions sponsored or recognized by the Chinese government;
C. Present for the first time at a prescribed academic conference or technical conference;
D. Disclosure of the contents of the applicant without the consent of the applicant.
(2) Creativity (progressive):
Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the existing technology known to the public.
(3) Practicability (industrial utilization):
Practicality means that the invention can be manufactured or used and can produce positive effects.
3. What is the invention patent application process in China?