(1) The request is a written document that the applicant requests the patent administration department to grant the invention or utility model patent right.
(2) Description and drawings. A specification is a document that records the technical content of an invention or utility model in detail. If there are any attached drawings, please explain them. The attached drawings are used to supplement the text in the specification, so that the public can intuitively understand each technical feature and overall technical scheme of the invention or utility model.
(3) The patent claim is a written document that the applicant requests the patent administration department to confirm the scope of protection of invention and creation.
(4) The abstract of the specification is a summary of the contents disclosed in the specification, and shall specify the name, technical field, technical problems to be solved, main technical features and uses of the invention or utility model.
The patent for utility model, also called small invention or small patent, is the object of patent right and the object of patent law protection, and refers to the utility model that should be granted patent right according to law. Utility model usually refers to a new practical technical scheme for the shape, structure or combination of products.
The fundamental difference between invention patent and utility model patent
1. Invention as mentioned in the Invention Patent Law refers to a new technical scheme proposed for a product, method or its improvement.
(1) The invention is a new technical scheme. Technical scheme refers to the concrete idea of using natural laws to solve a specific technical problem in human production and life, and it is a scheme that uses natural laws and natural forces to produce certain effects. The technical scheme generally consists of several technical features. For example, the technical features of the product technical scheme can be shapes, structures, components, materials, appliances, equipment and devices. Methods The technical features of the technical scheme can be process, steps, flow, time, temperature, pressure, equipment and tools used, etc. The interrelation between various technical features is also a technical feature.
(2) Inventions are divided into product inventions and method inventions. Product inventions include all inventions made by people. Methods Inventions include all methods that make use of natural laws, which can be divided into manufacturing methods and operating methods, such as inventions made in processing methods, manufacturing methods, inspection methods or product use methods. An invention protected by the patent law can also be an improvement of an existing product or method. Most inventions are improvements on the existing technology, such as new combinations of certain technical features and new choices of certain technical features. As long as these combinations or choices produce new technical effects, they are inventions that can be protected by patents. The term "utility model" as mentioned in the patent law refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. The similarity between utility model and invention lies in that utility model must also be a technical scheme, not an abstract concept or theoretical expression. The difference between utility model and invention lies in that, firstly, utility model is limited to products with certain shapes, and cannot be methods, such as production methods, test methods, treatment methods and application methods, nor can it be products without fixed shapes, such as drugs, chemicals and cement.
Second, the creativity of the utility model is not too high, but it is practical. Article 2 of the Patent Law stipulates: "Invention as mentioned in the Patent Law refers to a new technical scheme proposed for a product, method or its improvement." It refers to the inventor's ideas and new methods to solve various technical problems created by using the laws of nature.
Legal basis:
patent law
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.
Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents.
The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.
The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained.
The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection.
For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.