What is included in the scope of patent protection?

I. What is included in the scope of patent protection The object of patent, which is also called the object of protection under the Patent Law, refers to the inventions and creations that should be granted patents in accordance with the law. According to the provisions of Article 2 of the Patent Law of China, the objects of the Patent Law include inventions, utility models and designs. Invention An invention is a new technical program for a product, method or improvement thereof. An invention must be a technical program, which is the result of the inventor's application and combination of the laws of nature in a specific technical field, rather than the laws of nature itself, and thus scientific discoveries do not belong to the category of invention. At the same time, inventions are usually intellectual achievements in the field of natural sciences, and achievements in the field of literature, art and social sciences cannot constitute inventions in the sense of patent law. Inventions are categorized into product inventions, method inventions and improvement inventions. Product inventions are inventions of new products or substances. Such products or substances have never existed in nature and are the result of man's utilization of the laws of nature to act on a particular thing. If an article is completely in its natural state and exists without being processed or transformed by anyone, it is not a product invention as stipulated in our Patent Law and cannot be patented. Method invention refers to the invention of means and steps adopted to solve a particular technical problem. Methods that can be patented usually include two categories of manufacturing methods and operation and use methods, the former such as product manufacturing process, processing methods, etc., and the latter such as testing methods and product use methods. Improvement invention is a technological program of substantial innovation to an existing product invention or method invention. For example, Edison invented the incandescent lamp, incandescent lamp is an unprecedented new product, you can apply for product inventions; production of incandescent lamps can apply for method patents; to incandescent lamps filled with inert gas, its quality and life expectancy have improved significantly, which is based on the original improvement, you can apply for improvement of the invention. 2, utility model utility model, refers to the shape of the product, the structure or its combination of new technical solutions suitable for practical use. A utility model patent protects only the product. The product should be an entity that occupies a certain space and is manufactured by industrial methods. All relevant methods (including the use of the product) and naturally occurring articles that have not been artificially manufactured do not belong to the object of protection of the utility model patent. The above methods include methods of manufacturing products, methods of using products, methods of communication, methods of processing, computer programs, and use of products for specific purposes. For example, a method of manufacturing a gear, a method of dust removal in a workroom, a method of data processing, and a naturally occurring rain stone are not eligible for utility model patent protection. The shape of a product is the definite spatial shape that the product has and that can be observed from the outside. The technical solution proposed for the shape of the product can be the technical solution proposed for the spatial shape of the three-dimensional form of the product, such as the improvement made to the shape of the cam and the shape of the cutter; it can also be the technical solution proposed for the two-dimensional form of the product, such as the improvement made to the shape of the cross-section of the profile. The shape of a product without a definite shape, such as a gaseous, liquid, powdery, granular substance or material, cannot be used as a shape feature of the utility model product. The construction of a product refers to the arrangement, organization and interrelationship of the various components of the product. It can be a mechanical construction or a line construction. Mechanical structure refers to the relative position of the components that constitute the product, the connection relationship and the necessary mechanical cooperation relationship; line structure refers to the determined connection relationship between the components that constitute the product. 3, design design, also known as industrial product design, refers to the shape of the product, the pattern or its combination and the combination of color and shape, pattern of the aesthetic and suitable for industrial application of the new design. The carrier of the design must be a product. Product means any article produced by industrial methods. Handicrafts, agricultural products, livestock products and natural objects that cannot be produced repeatedly cannot be used as the carrier of a design. Usually, the color of a product cannot independently constitute a design, unless the color variation of the product itself has formed a pattern. The combinations that can constitute a design are: the shape of the product; the pattern of the product; the shape and pattern of the product; the shape and color of the product; the pattern and color of the product; the shape, pattern and color of the product. Shape refers to the design of the product shape, that is, refers to the external points, lines, surfaces of the product outside the movement, changes, combinations and the presentation of the external contour, that is, the structure of the product, the shape of the product, etc. at the same time for the design and manufacture of the results; Patterns refers to the graphic by any line, text, symbols, color blocks of arrangements or combinations of graphics on the surface of the product. Pattern can be made by drawing or other means that can reflect the designer's idea of pattern design. The pattern of the product should be fixed, visible, and should not be sporadic or need to be seen under specific conditions; color refers to the color or combination of colors used on the product, the original color of the materials used in the manufacture of the product is not the color of the design. Second, which objects are not protected by the patent law 1, the invention or creation that violates the law, social morality or harms the public **** interests, not granted a patent. Patents are not granted for inventions and creations that violate laws and administrative regulations to obtain or utilize genetic resources and rely on such genetic resources. For example, devices, machines or instruments used for gambling; drug paraphernalia, etc. cannot be patented. The purpose of the invention itself does not violate the national law, but it does not fall into this category if it violates the national law due to being abused. 2. Scientific discovery. It refers to the revelation of the objectively existing phenomena in nature, the process of change and its characteristics and laws. Scientific theories are summaries of the understanding of the natural world and are discoveries in a broader sense. They all belong to the extension of people's understanding. These recognized substances, phenomena, processes, characteristics and laws are different from the technical solutions for transforming the objective world, and are not inventions in the sense of the Patent Law, and therefore cannot be granted patents. 3. Rules and methods of intellectual activity. Intellectual activity, refers to the movement of human thinking, which originates from human thinking, after reasoning, analysis and judgment to produce abstract results, or must be mediated by the movement of human thinking in order to indirectly act on nature to produce results. It is only the rules and methods that guide people to think, identify, judge and remember information, and does not constitute a technical program because it does not adopt technical means or utilize the laws of nature, nor does it solve technical problems and produce technical effects. For example, traffic rules, grammars of various languages, shorthand algorithms or mnemonics, methods of psychological testing, rules and methods of various games and entertainment, musical scores, recipes, chess games, and computer programs themselves. 4. Methods of diagnosis and treatment of diseases. It is the process of identifying, determining or eliminating the causes and foci of a disease with a living person or animal as the direct object of implementation. The exclusion of diagnostic and therapeutic methods of diseases from the scope of patent protection is due to humanitarian considerations and social ethics, and doctors should have the freedom to choose various methods and conditions in the diagnostic and therapeutic process. In addition, such methods, which are directly implemented on living human or animal bodies, are theoretically considered not to be industrial and cannot be utilized in industry, and are not inventions in the sense of patent law. Examples include pulse diagnosis, psychotherapy, massage, various immunization methods for the prevention of diseases, and cosmetic surgery or weight loss for therapeutic purposes. But drugs or medical devices can apply for a patent. 5. Animal and plant varieties. However, patents may be granted for methods of producing animal and plant varieties in accordance with the provisions of the Patent Law. 6. Substances obtained by means of atomic nuclear transformation. 7. Designs that primarily serve as markers for patterns, colors or a combination of the two for graphic printed matter. The Patent Law naturally provides legal protection for patents that have been granted patents, because now some people's patents are not actually applying to be granted patents, and naturally, the strength of the protection is not as strong as that of the patents that have been granted. From this point of view, in fact, also encourages the patent owner to apply for a patent as soon as possible, in order to obtain more legal protection.