The patent right is valid only within the legal jurisdiction of the country or region and is not binding on other countries.
Patent type
According to the patent law, patents are divided into inventions, utility models and designs.
1, invention patent
Definition: Invention refers to a new technical scheme proposed for a product, method or its improvement.
Products refer to all kinds of new products that can be manufactured in industry, including solids, liquids and gases with certain shapes and structures. Method refers to the method of processing raw materials and making various products.
Invention patents do not seek technical achievements that can be directly applied to industrial production through practice, but they cannot be confused with a simple topic or idea, because a simple topic or idea does not have the possibility of industrial application.
Protection period: The longest protection period in China is 20 years from the date of application.
2. Patent for utility model
Definition: utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products.
The scope of protection 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 national utility model patents protect relatively simple and improved technological inventions.
Protection period: The longest protection period in China is 10 year from the date of application.
3. Design patents
Definition: Appearance design refers to a new design which is based on the shape, pattern or combination of color, shape and pattern of a product, has aesthetic feeling and is suitable for industrial application.
Appearance design is obviously different from inventions and utility models, focusing on the artistic and aesthetic creation made by the designer on the appearance of a product.
Because of this difference, many countries have enacted separate laws to protect designs.
Protection period: The longest protection period in China is 10 year from the date of application.
Requirements for granting patent rights
In China, inventions and utility models granted patent rights should be novel, creative and practical. The main condition for granting a design patent is novelty.
Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application with the competent patent authority for the same invention or utility model, and it was recorded in the patent application documents published or announced after the filing date.
Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. Being able to manufacture or use means that the invention can be manufactured in large quantities in industries such as industry and agriculture, and applied to industrial and agricultural production and people's lives, and at the same time has a positive effect.
What is a patent?