What does an invention or utility model completed in China mean?

The invention or Utility model completed in China as mentioned in the Patent Law refers to the invention or utility model in which the substantive content of the technical solution is completed in China. If you apply for a patent in a foreign country for an invention or utility model completed in China, you must undergo a confidentiality review. Regarding the question of what an invention or utility model completed in China refers to, the editor of Legal Savior Network will answer it in detail for you below.

1. What does an invention or utility model completed in China refer to?

1. The invention or utility model completed in China as mentioned in the Patent Law refers to the invention or utility model in which the substantive content of the technical solution is completed in China. If you apply for a patent in a foreign country for an invention or utility model completed in China, you must undergo a confidentiality review.

2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"

Eighth The invention or utility model completed in China as mentioned in Article 20 of the Patent Law refers to the invention or utility model in which the substantial content of the technical solution is completed in China.

Any unit or individual that applies for a patent in a foreign country for an invention or utility model completed in China shall request the Patent Administration Department of the State Council to conduct a confidentiality review in one of the following ways: ：

(1) If you directly apply for a patent in a foreign country or submit an international patent application to a relevant foreign institution, you must submit a request to the patent administration department of the State Council in advance and give a detailed explanation. Its technical solution;

(2) After applying for a patent to the Patent Administration Department of the State Council, if you plan to apply for a patent in a foreign country or submit an international patent application to relevant foreign institutions, you should Make a request to the Patent Administration Department of the State Council before applying for a patent in a foreign country or submitting an international patent application to the relevant foreign institution.

Any submission of an international patent application to the Patent Administration Department of the State Council shall be deemed to have made a confidentiality review request at the same time.

2. Characteristics of invention patents

1. An invention is a newtechnical solutions. It is a technical solution that uses the laws of nature to solve various problems in production, scientific research, and experiments. It generally consists of several technical features. Secondly, inventions are divided into two types: product inventions and method inventions. Product inventions include all items created by humans, and method inventions include all methods that utilize the laws of nature through inventions and creations. Method inventions can be divided into two types: manufacturing methods and operating methods. In addition, inventions protected by patent law can also be improvements to existing products or methods.

2. The invention for which patent rights are granted must be novel, creative and practical.

(1) Novelty means that the same invention or utility model has not been publicly published in domestic and foreign publications or publicly used in China before the filing date. Or it is known to the public in other ways, and no other person has applied for the same invention or utility model to the patent administration department of the State Council and it is recorded in the patent application documents published after the application date.

(2) Creativity means that compared with the existing technology before the filing date, the invention has outstanding substantive features and significant progress. The utility model Has substantive features and progress.

(3) Practicality means that the invention can be manufactured or used and can produce positive effects.

According to the provisions of the "Patent Law Implementing Rules", the invention or utility model completed in China as mentioned in the Patent Law refers to the substantive content of the technical solution in Inventions or utility models completed in China. If you apply for a patent in a foreign country for an invention or utility model completed in China, you must undergo a confidentiality review. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.