1、 Are game functions granted patent rights?
Game functions are granted patent rights, but they must also comply with the characteristics of invention and creation stipulated by our country. The scope of patent rights that can be granted is as follows:
(1) The invention or creation for which a patent right is granted must be an invention, utility model, and design in accordance with Article 2 of the Patent Law. If the subject matter of the application is not an invention, utility model, or design as defined in the Patent Law, it cannot be granted a patent right;
(2) The subject matter of granting a patent right must belong to the scope of the subject matter that can be granted a patent right, that is, it cannot be within the scope of non granting a patent right as stipulated in Article 25 of the Patent Law;
(3) The subject matter of granting a patent right must not violate national laws, social morality, or hinder public interests, that is, it cannot be a situation excluded by Article 5 of the Patent Law;
(4) The subject matter of granting a patent right must comply with the provisions of Article 22 and Article 23 of the Patent Law, that is, the invention or utility model granted a patent right should possess novelty, creativity, and practicality. The design for which a patent is granted shall be different or similar to the existing design, and shall not conflict with the legal rights previously obtained by others.
2、 What is the scope of patent rights that cannot be granted?
1. No patent rights shall be granted for inventions and creations that violate the law, social morality, or harm public interests
Inventions and creations that violate laws and administrative regulations by obtaining or utilizing genetic resources and rely on them for completion are not granted patent rights. For example, equipment, machines, or tools used for gambling; Devices such as drugs cannot be granted patent rights. The purpose of the invention itself does not violate national laws, but it does not fall under this category if it is abused and violates national laws.
2. Scientific discoveries
It is the revelation of objectively existing phenomena, changing processes, characteristics, and laws in nature. Scientific theory is a summary of the understanding of nature and a more generalized discovery. They all belong to the extension of people's understanding. These recognized substances, phenomena, processes, characteristics, and laws are different from the technical solutions for transforming the objective world, and are not inventions and creations in the sense of patent law, therefore they cannot be granted patent rights.
3. Rules and methods of intellectual activities
Intellectual activity is the movement of human thinking, which originates from human thinking and produces abstract results through reasoning, analysis, and judgment. Alternatively, it must be mediated by human thinking in order to indirectly affect nature and produce results. It is only the rules and methods that guide people to think, recognize, judge and remember information. Since it does not use technical means or natural laws, nor solve technical problems and produce technical effects, it does not constitute a technical solution. For example, traffic rules, grammar of various languages, quick calculation or pithy formula, Psychological testing method, rules and methods of various games, entertainment, music, recipes, chess scores, computer programs themselves, etc.
4. Diagnosis and treatment methods of diseases
It is the process of identifying, determining, or eliminating the cause or lesion of a living person or animal as the direct object of implementation. Excluding the diagnosis and treatment methods of diseases from the scope of patent protection is due to humanitarian considerations and social ethical reasons. Doctors should have the freedom to choose various methods and conditions during the diagnosis and treatment process. In addition, this type of method directly targets living human or animal bodies as the implementation object, which is theoretically considered not to belong to the industry and cannot be utilized in the industry, and is not an invention or creation within the meaning of patent law. For example, pulse diagnosis, psychotherapy, various immune methods implemented to prevent diseases, and cosmetic surgery or weight loss for the purpose of treatment. But drugs or medical devices can be patented.
5. Animal and plant species. However, for the production methods of animal and plant varieties, patent rights can be granted in accordance with the provisions of the Patent Law.
6. A substance obtained by nuclear transformation.
7. A design that primarily serves as a symbol for the pattern, color, or combination of the two in printed matter.
3、 What are the written technical documents for applying for a patent
1. The technical field and application scope of the applied project, as well as the technical measures, methods, or methods in existing technology to achieve the same or similar effects as the applied project;
2. What technical problems need to be solved for the invention purpose of the applied project.
3. Provide a detailed description of the technical measures and features to achieve the invention purpose of the applied project in text and accompanying drawings. For example, the applied project is a product, and technical measures and features refer to the structure of the product, the connection, layout, interrelationships of various parts, and their roles in the applied project. The combination method and detailed dynamic connection and working mode of each component are also included. If the applied project is a method, technical measures and features refer to the process, process parameters, and relevant details in the process. In addition, at least one specific instance of the applied project should also be provided (the specific instance here does not refer to a model or physical object, but rather a diagram and text explanation that represents the specific instance. Only when the technical measures of the applied project cannot be explained through the drawings and text can a model or physical object be provided to explain the applied theme).
The drawings provided shall be drawn on A4 paper with Technical drawing tool. There shall be no words, frame lines, dimension lines and dimension marks on the drawing. All parts and components can be marked with numbers (1, 2, 3...), and the name of the part represented by each mark shall be written on another sheet of paper.
4. Experimental data, results, or phenomena arising from the applied project;
5. Objectively explain the advantages and disadvantages of the invention by combining specific examples and empirical conclusions. If there is no experimental data or conclusion, the inventor should objectively analyze the invention and infer its possible advantages and disadvantages;
6. The differences in technical features between the applied project and the existing technology, as deemed by the inventor;
7. Content that the inventor believes should belong to technical secrets
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