An invention patent is a type of patent protected by patent law. China’s Patent Law stipulates that there are three types of inventions that can be protected by patents, including inventions, utility models and designs.

On January 10, 2019, data released by the State Intellectual Property Office showed that in 2018, the number of invention patent applications in China was 1.542 million, and the government authorized 432,000 invention patents.

The origin of this patented invention is

The patent laws of most countries do not define invention, and scholars have different opinions on the definition of invention. By understanding and analyzing the provisions of patent laws on inventions in various countries, it can be concluded that an invention is a technical solution proposed by the inventor to solve a specific problem by applying the laws of nature. Therefore, the Implementing Rules of China's Patent Law point out that "inventions referred to in the Patent Law refer to new technical solutions proposed for products, methods or their improvements."

The standard for review is

The inventor can only apply for this technical solution to the patent office and pass a series of strict reviews, especially novelty, inventiveness and practicality. review.

The invention patent authorization rate is

Because of the strict examination of invention patents, as of 2013, the invention patent authorization rate announced by the State Intellectual Property Office of the People's Republic of China was 40%. -50%, that is to say, the overall authorization rate of invention patents is less than half. Therefore, the risk of applying for an invention patent is relatively high, so you must be fully mentally prepared.

The application fee is

Patent rights are granted for invention patent applications that meet the regulations. The applicant should also complete the registration procedures and pay the annual fee on time, so that the invention patent application can officially become an invention patent with multiple patent attributes. In order to encourage society's enthusiasm for inventions and creations and increase their enthusiasm for inventions and creations, most local governments in my country provide special financial support to individuals and companies applying for patents. You can check with the science and technology bureaus in various places.

Notes on application

(1) When applying for an invention or utility model patent, a request, description, abstract, claims and other documents must be submitted. The request shall state the name of the invention or utility model, the name of the inventor or designer, the name and address of the applicant, and other matters.

(2) The description shall provide a clear and complete description of the invention or utility model, subject to the ability of a person skilled in the technical field to implement it; when necessary, there shall be accompanying drawings.

(3) The abstract should briefly describe the technical key points of the invention or utility model. The claims should be based on the description and describe the scope of patent protection required. When applying for a design patent, a request and documents such as pictures or photos of the design should be submitted, and the products using the design and their categories should be clearly stated.

(4) The date when the Patent Office receives the patent application documents is the filing date. If the application documents are mailed, the postmark date shall be the date of application. Within twelve months from the date of first filing a patent application for an invention or utility model in a foreign country, or within six months from the date of first filing a patent application for a design in a foreign country, the applicant shall file another patent application for the same subject matter in China. If a patent application is filed, the foreign country may enjoy the right of priority in accordance with the agreement signed between the foreign country and China or the international treaty to which both countries are party, or in accordance with the principle of mutual recognition of priority.