Types of patents in China
Different countries have different regulations on the types of patents. In China's patent law, there are: invention patents, utility model patents and design patents; In the patent law of Hong Kong, there are: invention patent, new style patent and design patent; In some developed countries, it is classified into invention patents and design patents.
invention patent
the first paragraph of article 2 of China's patent law defines invention as: "invention refers to a new technical scheme proposed for a product, method or its improvement." The so-called products refer to all kinds of new products that can be manufactured in industry, including solid, liquid and gas with certain shape and structure. The so-called method refers to the method of processing raw materials and making various products. The invention patent does not require that it is a technical achievement that can be directly applied to industrial production after practice, but it can be a solution to technical problems or an idea, which has the possibility of industrial application. However, this technical solution or idea cannot be confused with a simple topic or idea, because a simple topic or idea does not have the possibility of industrial application. Invention refers to a new technical scheme for a product, method or its improvement, which mainly embodies novelty, creativity and practicality. Patented inventions are divided into product inventions (such as machines, instruments and equipment, appliances) and method inventions (manufacturing methods).
patent for utility model
the definition of utility model in the second paragraph of article 2 of China's patent law is: "utility model refers to a new practical technical scheme for the shape, structure or combination of products." Like the invention, the utility model protects a technical scheme. However, the scope of patent protection for utility model is rather limited, which only protects new products with a certain shape or structure, but does not protect methods and substances without a fixed shape. The technical scheme of utility model pays more attention to practicality, and its technical level is lower than that of invention. Most national utility model patents protect relatively simple and improved technological inventions, which can be called "small inventions". Utility model refers to a new practical technical scheme for the shape, structure or combination of products. The patent for utility model is granted without substantive examination, with simple procedures and low cost. Therefore, small inventions about tangible products such as daily necessities, machinery and electrical appliances are more suitable for applying for utility model patents.
design patent
the definition of design in the third paragraph of article 2 of China's patent law is: "design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is based on the shape, pattern or their combination of products and the combination of colors with shapes and patterns." And in Article 23 of the Patent Law, the conditions for its authorization are stipulated. "The design granted with patent right shall not belong to the existing design; No unit or individual has filed an application with the patent administration department of the State Council for the same design before the application date, and it is recorded in the patent document publicly announced after the application date. " Compared with the previous patent law, the newly revised patent law has higher requirements for design. Appearance design is obviously different from invention and utility model. Appearance design focuses on the artistic and aesthetic creation made by the designer on the appearance of a product, but this artistic creation is not a simple handicraft, it must be practical for industrial application. In essence, design patents protect artistic ideas, while invention patents and utility model patents protect technical ideas; Although appearance design and utility model are related to the shape of the product, their purposes are different. The former aims to make the shape of the product beautiful, while the latter aims to make the product with shape solve a technical problem. For example, if the shape, pattern and color of an umbrella are quite beautiful, you should apply for a patent for appearance design. If the umbrella handle, ribs and head are simple and reasonable in structural design, which can save materials and have durable functions, you should apply for a patent for utility model. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is based on the shape, pattern or their combination of products and the combination of color and shape and pattern. The object of protection of the design patent is the decorative or artistic design of the product, which can be a plane pattern or a three-dimensional shape. More commonly, it is the combination of the two. The main condition for granting the design patent is novelty.
PS: In terms of plants, there are special laws and regulations for the protection of varieties. I don't know much about animals, so I won't teach others how to swim.