2. Secondly, according to the nature, there are two basic types of invention claims, product claims and method claims. Product claims include things produced by human technology, and method claims include activities with time process elements, which are divided into methods and uses. An invention protected by the patent law can also be an improvement of an existing product or method.
3. An invention granted a patent right shall be novel, creative and practical.
Novelty means that the invention does not belong to the prior art; Before the filing date, no unit or individual filed an application with the Patent Office for the same invention or utility model, and it was recorded in the patent application documents published or announced after the filing date (including the filing date).
Creativity means that the invention has outstanding substantive characteristics and remarkable progress compared with the technology known to the public at home and abroad before the application date. Practicality means that the invention can be manufactured or used and can produce positive effects.
Extended data
Principle of application for invention patent
1, principle of formal legality
All procedures for applying for a patent shall be handled in written form or other forms stipulated by the China National Intellectual Property Administration Patent Office. All kinds of procedures for printing, typing or handwritten documents directly or indirectly by oral, telephone, physical and other non-written forms, or by telegraph, telex, fax, film and other means of communication are regarded as not submitted and have no legal effect.
2, the principle of oneness
This means that a patent application can only be limited to one invention. However, two or more inventions or utility models belonging to a general inventive concept may be filed as one application; Two or more similar designs of the same product, or two or more designs of products used in the same category and sold or used in sets, may be filed as one application.
3. The principle of first application
Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.
reference data
Baidu encyclopedia-patent