1, the differences between invention patent, utility model patent and design patent include:
(1) has different definitions. Inventions belong to the technical field, not to other non-technical fields such as literature and art. Utility models are the general name of certain inventions, which generally only involve products with a certain shape or structure. Only industrial products whose design patents can bring aesthetic feeling to people visually can be welcomed by consumers.
(2) Different forms. Invention is a concrete realizable technical scheme, not an abstract unattainable idea.
2. Legal basis: Article 2 of People's Republic of China (PRC) Patent Law.
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.
Second, what are the requirements for invention patents?
The requirements of the invention patent include:
1. Invention is a technical scheme to solve technical problems;
2. Invention is the creation of natural laws, which produces things that have never existed in nature, rather than the discovery of existing things in nature by human beings, nor the artificial rules, regulations and methods produced by human beings relying on intellectual activities;
There are two basic forms of invention, namely product and method. The former includes machines, equipment, instruments and finished products. The latter includes manufacturing methods, measuring methods, communication methods, control methods, etc.