Legal analysis
Patent, literally, refers to the exclusive right. Patents are generally documents issued by government agencies or regional organizations representing several countries according to their applications. This kind of document records the contents of the invention and creation, and in a certain period of time, it has produced such a legal state that the patented invention and creation can only be implemented by others with the permission of the patentee. Invention patent can be considered that invention is a technical solution put forward by the inventor to a specific problem by using the laws of nature. Therefore, China's "Detailed Rules for the Implementation of the Patent Law" points out that "the invention referred to in the Patent Law refers to a new technical scheme proposed for a product, method or its improvement". The definition of utility model patent is: "utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products." The technical scheme of the utility model pays more attention to practicality, and its technical level is lower than that of the invention. Most countries' utility model patents protect relatively simple and improved technological inventions, which can be called "small inventions". The definition of design patent is: "Design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or their combination of products and the combination of colors, shapes and patterns.
legal ground
People's Republic of China (PRC) Patent Law Article 2 Invention-creation as mentioned in this Law refers 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 that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.