Article 2 Inventions and creations mentioned in this Law refer to inventions, utility models and designs.
Invention 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 with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns.
Interpretation this article is about the object of patent right, that is, the scope of invention and creation that patent can protect.
According to the provisions of this article, inventions and creations that can be protected by patents include:
1. Inventions in the sense of patent law have specific meanings. According to the definition of invention in the Model Law on Inventions in Developing Countries drafted under the auspices of the World Intellectual Property Organization, invention is an inventor's idea and a technical scheme to solve specific problems in practice by using natural laws. The term "invention" as mentioned in this Law refers to a new technical scheme proposed for a product, method or its improvement. It mainly includes product invention and method invention. Product invention refers to the invention of various tangible goods made by people, such as the invention of new machines, equipment, materials, tools and appliances. Method invention refers to the invention of means for changing one article or substance into another, such as the invention of new manufacturing methods, chemical methods and biological methods. Because invention is a technical scheme that can produce a brand-new product or method, and it is an invention with high scientific and technological content and creativity, the patent laws of all countries regard invention as the basic object of patent protection.
2. utility model. The term "utility model" as mentioned in this Law refers to a new practical technical scheme for the shape, structure or combination of products. According to this provision, the utility model mentioned in the patent law should have the following characteristics: first, the object of the utility model must be the product. Non-processed natural articles and all related methods, including manufacturing methods, use methods, communication methods, treatment methods and methods of using products for specific purposes, do not belong to the protection scope of utility model patents. Secondly, the utility model is a new technical scheme for the shape, structure or combination of products, that is, it must be external shape, internal structure or a combination of both. The new design of the product's shape, pattern, color or their combination simply for aesthetic feeling does not belong to the technical scheme of the utility model. Third, the utility model must be practical, that is, it must have certain practical value and can be manufactured in industry. Fourthly, the utility model must be "new", that is, it has certain innovation and belongs to "new technical scheme". Because the utility model must be a new technical scheme, its essence is also an invention, but its creativity and technical level are lower than the invention patent. Therefore, the invention of utility model is usually called "small invention", and the patented utility model is called "small patent".
3. design. According to the provisions of this law, design refers to the new design of the shape, pattern, color or their combination of products, which is aesthetic and suitable for industrial application. According to this definition, the design protected by patent should have the following characteristics: First, the carrier of the design must be the product. Product refers to any article produced by industrial methods. Handicrafts, agricultural products, livestock products and natural objects that cannot be produced repeatedly cannot be used as the carrier of design. Secondly, what constitutes a design is shape, pattern or their combination or their combination with color. The color of the product cannot constitute the design independently. The combinations that can constitute the design are: the shape of the product; The style of the product; The shape and color of the product; Patterns and colors of products; The shape, pattern and color of the product. Third, the design can be applied to industry to form mass production. Fourthly, appearance design is a new design scheme with aesthetic feeling. According to the above characteristics, the patent right for design can be granted upon the application of the patentee. However, according to the provisions of Article 25 of the newly revised Patent Law, the design of the logo mainly used as printed matter, such as patterns, colors or the combination of the two, is not granted a patent right, and can be protected through legal systems such as trademarks and copyrights.