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.
I. Invention patents
Invention patent invention refers to a new technical scheme proposed for a product, method or its improvement, which mainly embodies novelty, creativity and practicality.
Second, the utility patent
1, practicality refers to the shape, structure or combination of products suitable for practical new technical solutions.
2. The patent for utility model protects the technical scheme in a narrow sense. It only protects new products with a certain shape or structure, and does not protect methods and substances without a fixed shape.
3. The technical scheme of practical patent protection pays more attention to practicality, and its technical level is lower than that of invention.
4. The patent for utility model does not need substantive examination, and the procedure is relatively simple and the cost is relatively low. Therefore, small inventions about tangible products such as daily necessities, machinery and electrical appliances are more suitable for applying for utility model patents.
Third, the appearance patent.
1. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of colors, shapes and patterns of products.
2. The design that has been granted the patent right does not belong to the existing design, and before the date of application, no unit or individual has applied to the administrative department for patent in the State Council with the same design, and it is recorded in the patent documents published after the date of application.
3. Appearance design focuses on the artistic and aesthetic creation of product appearance by designers. But this kind of artistic creation is not a simple handicraft, it must have the practicability of industrial application.
Design patent essentially protects artistic creativity, and its purpose is to make the product beautiful.
5. The object of design patent protection is the decorative or artistic design of the product, which can be a plane pattern or a three-dimensional shape. More commonly, the combination of the two is the main condition for granting the design patent.
legal ground
patent law of the people's republic of china
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 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.