What is a patent for invention?

The invention referred to in the patent law refers to a new technical solution proposed for the product, method or improvement thereof. Its characteristics are: First, the invention is a new technical solution. It is a technical solution to solve various problems in production, scientific research and experiment by using natural laws, and generally consists of several technical features. Secondly, according to the nature, there are two basic types of invention claims, which are divided into product claims and method claims. Product claims include products (products, equipment) produced by human technology, and method claims include activities with time-course elements, and can be divided into two types, methods and uses. Inventions protected by patent law may also be improvements to existing products or methods.

Inventions granting patent rights should be novel, creative and practical. Novelty means that the invention does not belong to the prior art; nor does any unit or individual file an application with the Patent Office before the filing date for the same invention or utility model, and record the patent published after the filing date (including the filing date). In the application documents or the patent documents of the announcement. Creativity refers to the outstanding substantive characteristics and significant progress of the invention compared to the technology known to the public at home and abroad before the filing date. Utility means that the invention can be manufactured or used and can produce positive effects.


Can foreigners apply for patents in China?

Foreigners, foreign companies and other foreign organizations with permanent residence or business offices in China can enjoy national treatment in the protection of patent rights, that is, they have the same right to apply for patents as their nationals, thus obtaining patent protection. According to the provisions of the Patent Law, one of the following three cases may apply for a patent in China in accordance with the Patent Law:

(1) The bilateral agreement between the country of the foreigner and China stipulates that each other's nationals shall be given patent protection;

(2) The international treaty that the country of the foreigner and the country participate in jointly grant each other a patent protection;

(3) Although the country of the foreigner and China have neither signed a bilateral agreement nor joined the international treaty, the other party has patent protection in accordance with the principle of reciprocity in the patent law or in practice