Inventions, utility models and designs.
1. Invention refers to a new technical solution proposed for a product, method or improvement thereof. An invention must be a technical solution, the result of the inventor's application and combination of natural laws in a specific technical field, rather than the natural laws themselves. Therefore, scientific discoveries do not fall within the category of inventions. At the same time, inventions are usually intellectual achievements in the field of natural sciences, and achievements in the fields of literature, art and social sciences cannot constitute inventions within the meaning of patent law.
2. Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use. Utility model patents only protect products. The product should be an entity manufactured by industrial methods and occupying a certain space. All related methods (including uses of products) and naturally occurring items that have not been artificially manufactured are not protected objects of utility model patents.
3. Appearance design, also known as industrial product appearance design, refers to the shape, pattern or combination of the product, as well as the combination of color, shape, and pattern that is aesthetically pleasing and suitable for industrial applications. New design.
What rights does the patentee enjoy?
1. Exclusive right. Exclusive rights are also called "exclusive rights". Article 11 of the "Patent Law" stipulates: "After the patent right for an invention or utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not For production and business purposes, manufacture, use, offer for sale, sell, and import its patented products, or use its patented methods and use, offer for sale, sell, and import products directly obtained according to the patented methods.”
2. License enforcement rights. Licensed right to implement, that is, licensed right to use, refers to the patentee’s conditional permission for others to use its patented technology. Specifically, the patentee (called the "licensor") allows others (called the "licensee") to use all or part of the technology for the patented invention by signing a contract under certain conditions.
Legal basis
"Patent Law of the People's Republic of China"
Article 2 "Inventions and creations" as mentioned in this law refer to inventions and utility models and appearance design.
Invention refers to a new technical solution proposed for a product, method or improvement thereof.
Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, based on the overall or partial shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.