Invention patent: the invention mentioned in the patent law refers to a new technical scheme proposed for a product, method or its improvement. Characterized in that:
Firstly, the invention is a new technical scheme. It is a technical scheme to solve various problems in production, scientific research and experiment by using natural laws, and generally consists of several technical features.
Secondly, inventions can be divided into product inventions and method inventions. Product invention includes all things created by people, and method invention includes all methods created by using natural laws.
Methods The invention can be divided into manufacturing method and operation method. In addition, the invention protected by the patent law can also be an improvement of existing products or methods.
Patent for utility model: utility model as mentioned in the patent law refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. That is to say, the utility model mainly aims at the shape, structure and connection relationship of products, which are generally visible structural products and invisible ones, such as modules and circuits. The shape of a product refers to the definite spatial shape that the product has and can be observed from the outside. The technical scheme proposed for product shape can be the technical scheme proposed for product three-dimensional shape, such as the improvement of cam shape and cutter shape; It can also be a technical scheme of two-dimensional shape of products, such as the improvement of sectional shape of profiles.
The structure of a product refers to the arrangement, organization and interrelation of various components of the product. The product structure can be either a mechanical structure or a circuit structure. Mechanical structure refers to the relative position relationship, connection relationship and necessary mechanical cooperation relationship between components that make up a product, and circuit structure refers to the determined connection relationship between components that make up a product. The composite layer can be considered as the structure of the product, and the carburized layer and oxide layer of the product belong to the composite layer structure.
Let's look at the difference between invention patents and utility model patents:
(1) Their protection objects are different.
An invention patent refers to a new technical scheme proposed for a product, method or its improvement.
A patent for utility model refers to a new technical scheme for the shape, structure or combination of products, which is suitable for practical use.
(2) the protection period is different
The protection period of invention patent is 20 years from the date of filing, and that of utility model is 10 year from the date of filing. It should be noted that this is only the protection period stipulated by law, but the practical and meaningful protection period basically starts from the patent grant date, and then others can be sued for infringement or license or transfer.
(3) The approval process is different
Application process of utility model patent: submission of patent application text-preliminary examination of patent office-authorization;
Application process of invention patent: submission of patent application text-preliminary examination of patent office-disclosure of patent text-substantive examination-patent authorization. This shows that the examination process of invention patents is stricter, the invention patents must meet the requirements of novelty, creativity and substance, and the authorized invention patents are more stable, while the utility model patents only undergo preliminary examination, so if patent disputes such as infringement are involved after authorization, the patentee or interested party had better apply to the Patent Office for a patent evaluation report.
The application threshold is different: the invention patent needs to have "outstanding substantive characteristics and remarkable progress", while the utility model patent only needs "substantive characteristics and progress", and its creativity level is far lower than that of invention.
(4) Differences in technical requirements
Invention patent: it emphasizes breakthrough, originality and novelty, and is a breakthrough upgrade or creation of a technical scheme. You should explain the difference between you and the existing technical product scheme.
Patent for utility model: Generally, a new technical scheme is put forward for the shape, structure or combination of products, which is at a low level in technical breakthrough and level, but has practical value. It should be noted that it has practical value. In a word, the patent for utility model must be a specific technical scheme, and it does not accept abstract concepts or theoretical descriptions. For example, a new hot water kettle can apply for a utility model patent.
(5) Different values
Because invention needs creativity more than utility model, it is generally considered that the value of invention is higher than utility model. Therefore, whether the patent right is licensed or transferred or the infringement lawsuit is decided, the income or compensation of the invention patent can often be higher than that of the utility model.