1. Invention Patent The definition of invention in Article 2, Paragraph 1, of my country's "Implementing Rules for Patent Law" is: "Invention refers to a new technical solution proposed for a product, method or improvement thereof."
The so-called products refer to various new products that can be manufactured in industry, including solid, liquid, gas and other items with certain shapes and structures. The so-called method refers to the method of processing raw materials to make various products. An invention patent does not require that it be a technical achievement that has been proven in practice and can be directly applied to industrial production. It can be a solution to a technical problem or an idea with the possibility of industrial application, but this cannot be This kind of technical solution or concept is confused with simply proposing a problem or idea, because a simple problem or idea does not have the possibility of industrial application.
2. Utility model patents
The definition of utility model in Article 2, Paragraph 2 of my country's "Implementing Rules for Patent Law" is: "Utility model refers to the shape and structure of a product. Or it may be combined with a new technical solution that is suitable for practical use. "Like an invention, a utility model protects a technical solution. However, the scope of utility model patent protection is relatively limited. It only protects new products with a certain shape or structure, but does not protect methods and substances without fixed shapes. The technical solutions of utility models pay more attention to practicality, and their technical level is lower than that of inventions. Utility model patents in most countries protect relatively simple and improved technical inventions, which can be called "small inventions."
3. Design patent
The definition of design in Article 2, Paragraph 3 of my country's "Implementing Rules for Patent Law" is: "Design refers to the shape and pattern of a product. Or the combination of color, shape, and pattern creates a new design that is aesthetically pleasing and suitable for industrial application.”
There is a clear distinction between appearance design and inventions and utility models. Appearance design focuses on design. It is an artistic and aesthetic creation made by people on the appearance of a product. However, this artistic creation is not a simple handicraft. It must have practicality that can be applied in industry. Design patents essentially protect artistic ideas, while invention patents and utility model patents protect technical ideas. Although appearance designs and utility model patents are related to the shape of the product, their purposes are not the same. The purpose of the former is to use Product shape creates aesthetic feeling, and the purpose of the latter is to enable products with form to solve a certain technical problem. For example, if an umbrella has a beautiful shape, pattern, and color, it should apply for a design patent. If the umbrella's handle, ribs, and head structure are streamlined and reasonable, can save materials and have durable functions, then it should apply for a design patent. Apply for a utility model patent.