What is the relationship between invention patent, utility model patent and design patent?

We all know that there are three kinds of patents: invention patents, utility model patents and design patents. These three look very similar, but in fact they are all different. First, introduce the relationship among invention patent, utility model patent and design patent. What is the relationship between invention patent, utility model patent and design patent? What is the relationship between invention patent, utility model patent and design patent? Invention as mentioned in the patent law refers to a new technical scheme proposed for a product, method or its improvement; Utility model refers to a new practical technical scheme for the shape, structure or combination of products; Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern, color or their combination of products. Their specific relationship will be explained in detail below. 1, from the definition level; 1. From the definition of invention and utility model in the Detailed Rules for the Implementation of the Patent Law, invention refers to a new technical scheme for a product, a method or its improvement, and utility model refers to a new practical technical scheme for the shape, structure or combination of a product. It can be seen that the invention can protect more subjects than the utility model, and the utility model patent can only protect the structural aspects (including the layer structure), but not the methods and materials, while the invention patent can protect the methods and materials in addition to the structural aspects. Invention patents, designs and utility models all involve the shape of products. The difference between the two is that the utility model is a technical scheme, and the shape involved is considered from the technical effect and function of the product; Appearance design is a design scheme, and the modeling involved is considered from the perspective of product aesthetics. Appearance design is a decorative or artistic design about the appearance of products, which can be plane pattern or three-dimensional modeling or a combination of the two. 2. From the perspective of patent application examination; To apply for a patent for invention or utility model, a request, specification, abstract of specification, patent claim and other documents shall be submitted; The specification shall give a clear and complete description of the invention or utility model, subject to the realization of ordinary technicians in the technical field. To apply for a design patent, you only need to submit a request and related pictures or photos. In addition, the application for invention patent needs substantive examination, that is, patentability examination, which is relatively strict, while the application for utility model patent and design patent is only a formal examination, and does not involve patentability examination. In other words, utility model patents and design patents will be granted as long as the documents are not wrong (obviously wrong). 3. From the review cycle; Judging from the review cycle, the review cycle of invention patent application is long, 3 or 5 years is normal, and the review time of utility model patent and design patent application is short, ranging from a few months to a year. 4. From the perspective of the stability of patent right; From the point of view of the stability of patent right, the invention is subject to substantive examination, so once the patent right is obtained, its right is relatively stable and not easy to be declared invalid, while the utility model and design patent are not subject to substantive examination, even if the patent right is obtained, its right is very unstable and easy to be declared invalid. 5. Based on patent protection; The scope of protection of a patent for invention or utility model shall be subject to the claims in the application. The drawings and descriptions in the application can be used to explain the claims. The scope of protection of the design patent shall be subject to the products of the design patent reflected in the pictures or photographs indicated in the application. 6. From the perspective of protection period; From the perspective of protection period, the protection period of invention is 20 years, while the protection period of utility model patent and design patent is 10 year. What is the relationship between invention patent, utility model patent and design patent? The above has been explained in detail for everyone. If you still don't understand anything, you can go to our intellectual property channel to check the relevant knowledge points.