An invention patent is a creation of technical thoughts utilizing a law of nature to result in certain effects, to solve certain problems and further to achieve expected intention of the invention.
An invention application must conform to the definition of invention provided in the Patent Act, or it shall not be patented. However, even if the application falls within the scope of invention as aforesaid, the application shall not be given a patent right for it belongs to one of the statutorily unpatentable items.
The standard to decide whether an application falls within the definition of invention is to determine if there is any technical character in the invention application. For instance, a simple discovery, scientific principle, information disclosure and artwork creation lack of technical character and do not fall within the scope of invention.
The standard to determine whether an application falls within the definition of invention is to consider the content of an invention application rather than the representation form of claims of such application. Thus confirm the existence of any technical character in whole subject matter of application which can be attributable to prior art; that is to ponder a problem-solving means or method disclosed in subject matter of invention. If such means or method has a technical character, the invention application shall fall within the definition of invention as provided in Patent Act.
An invention patent shall be divided into two types: an invention of object and method. An invention based on the purposes of application, utilization and usage should be considered as an invention of method.
01The Types of Invention：
An invention of object contains:
． materials/ substances, i.e. a chemical composition A.
． Object, i.e. a screw.
02An invention of usage includes：
． a method to create an object, i.e. a method to create a chemical composition A or a method to create a screw.
． a technical method to create no product, i.e. an examination method for measuring sulfur dioxide concentration in the air or a method of using chemical composition A to kill insect pests.