What is the new utility model in the invention patent? Is it a technical scheme or a specific form?

Methods You can apply for a patent for utility model for the following reasons (the emphasis is on article 3, and the method can apply for utility model, but there are some restrictions). In addition, many technical schemes or design methods for applying for utility model patents can also be found on the website of the State Information Bureau. According to the second paragraph of Article 2 of the Detailed Rules for the Implementation of the Patent Law, utility model patents only protect products. Products should be entities manufactured by industrial methods, with definite shape and structure, and occupy a certain space. All methods and natural objects that have not been artificially manufactured do not belong to the object of patent protection for utility models. The above methods include manufacturing methods, using methods, communication methods, processing methods, computer programs and using products for specific purposes. For example, the manufacturing method of gears, the dust removal method or data processing method in the workshop, and the naturally occurring rain flower stones are not the objects of utility model patent protection. From this, it can be seen that the automobile energy-saving method you mentioned can't belong to the protection object of utility model patent.

An invention can include not only the improvement of the shape and structure of the product, but also the improvement of the special method and technology for producing the product or the material itself. However, the utility model patent only protects the technical scheme proposed for the shape and structure of the product.

It should be noted that the claim does not belong to the object of utility model patent protection if it contains both shape features, structural features and technical solutions for the method itself. Such as a wooden toothpick, the main body of which is cylindrical and the end of which is conical, is characterized in that the wooden toothpick is processed and shaped, soaked in a medical bactericide for 5-20 minutes, and then taken out and dried. Because the claim contains the technical scheme of the method itself, it does not belong to the object of utility model patent protection. However, defining the shape and structure of products by the names of known methods in the prior art, such as welding and riveting, does not belong to the technical scheme proposed for the method itself. (1) The shape of a product refers to the definite spatial shape that the product has and can be observed from the outside. The technical scheme proposed for product shape can be the technical scheme proposed for product three-dimensional shape, such as the improvement of cam shape and cutter shape; It can also be a technical scheme of two-dimensional shape of products, such as the improvement of sectional shape of profiles. (2) The structure of a product refers to the arrangement, organization and interrelation of various components of the product. The product structure can be either a mechanical structure or a circuit structure. Mechanical structure refers to the relative position relationship, connection relationship and necessary mechanical cooperation relationship between components that make up a product, and circuit structure refers to the determined connection relationship between components that make up a product. The composite layer can be considered as the structure of the product, and the carburized layer and oxide layer of the product belong to the composite layer structure. (3) Technical scheme is a collection of technical means to solve technical problems by using natural laws. Technical means are usually embodied by technical characteristics. A scheme that does not use technical means to solve technical problems in order to obtain technical effects that conform to the laws of nature does not belong to the object of patent protection for utility models. The shape of the product, the pattern and color of the surface, or a new scheme combining them, which does not solve the technical problems, does not belong to the object of patent protection for utility models. Words, symbols, charts or their combinations on the surface of products are not the object of patent protection for utility models. According to (3), some technical solutions can be used as utility model patent applications. But these schemes must describe the basic structure or shape of a product and its basic working principle. For example, "rapid phase formation method and its combined device", "combined slotted roadway blasting method and its special tools" and so on. The above content is extracted from the first part of China National Intellectual Property Administration's "Review Guide (New)", and the second chapter is the preliminary review of the application for a patent for utility model.