1. Invention patent
The so-called products refer to all kinds of new products that can be manufactured in industry, including solids, liquids and gases with certain shapes and structures. The so-called method refers to the method of processing raw materials and making various products. The invention patent does not seek the technical achievements that can be directly applied to industrial production through practice, but it can be a solution to technical problems or an idea with the possibility of industrial application. However, this technical scheme or idea cannot be confused with a simple topic or idea, because a simple topic or idea does not have the possibility of industrial application.
Invention refers to a new technical scheme for a product, method or its improvement, which mainly embodies novelty, creativity and practicality. Patent inventions are divided into product inventions (such as machines, instruments and equipment, appliances) and method inventions (manufacturing methods).
2. Patent for utility model
A new technical scheme suitable for practical use. "Like the invention, the utility model protects a technical solution. However, the protection scope of utility model patent is narrow, which only protects new products with a certain shape or structure, and does not protect methods and substances without a fixed shape. The technical scheme of the utility model pays more attention to practicality, and its technical level is lower than that of the invention. Most countries' utility model patents protect relatively simple and improved technological inventions, which can be called "small inventions".
Utility model refers to a new practical technical scheme for the shape, structure or combination of products. The patent for utility model is granted without substantive examination, with simple procedures and low cost. Therefore, small inventions about tangible products such as daily necessities, machinery and electrical appliances are more suitable for applying for utility model patents.
3. Design patents
The fourth paragraph of Article 2 of China's Patent Law defines appearance design as: "Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns." And the conditions of its authorization are stipulated in Article 23 of the Patent Law. "The design that has been granted a patent right does not belong to the existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date. " Compared with the previous patent law, the newly revised patent law has higher requirements for design.
Appearance design is obviously different from invention and utility model. Appearance design focuses on the designer's artistic and aesthetic creation of the appearance of a product, but this artistic creation is not a simple handicraft, it must be practical for industrial application. In essence, design patents protect artistic creativity, while invention patents and utility model patents protect technical creativity; Although the design and utility model are related to the shape of the product, they have different purposes. The former aims to make the appearance of products beautiful, while the latter aims to make products with appearance solve a technical problem. For example, if the shape, pattern and color of an umbrella are quite beautiful, it is necessary to apply for a design patent. If the umbrella handle, umbrella ribs and umbrella head are simple and reasonable in structural design, can save materials and have durable functions, you should apply for a patent for utility model.
Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of color and shape and pattern. The object of design patent protection is the decorative or artistic design of the product, which can be a plane pattern or a three-dimensional shape. It is more common to combine the two. The main condition for granting a design patent is novelty.
Second, what is the object of patent protection?
The object of patent protection refers to the invention and creation that should be patented according to law. According to Article 2 of China's Patent Law, the objects of the patent law include inventions, utility models and designs.
1. Invention: refers to a new technical scheme proposed for a product, method or its improvement.
2. Utility model: refers to a new technical scheme suitable for practical use for the shape, structure or combination of products.
3. Appearance design: Also known as industrial product appearance design, it refers to a new design that is aesthetic and suitable for industrial application based on the shape, pattern or their combination and the combination of color, shape and pattern of the product.
If you want to apply for a patent right, you need to have three characteristics, namely novelty, practicality and creativity, otherwise you will not be granted a patent right. However, even after the patent right is granted, the protection objects and protection periods of different types of patents are different. The most obvious one is that the protection period of an invention patent can reach 20 years at the longest. The longest protection period of the other two patents can only reach ten years.