1. Utility model refers to a new practical technical scheme for the shape, structure or combination of products;
2. Subject qualification;
3. Novel, creative and practical;
4. Other conditions.
Functions of utility model patent:
1. The utility model patent only protects the product, which should be an entity manufactured by industrial methods and occupying a certain space. All related methods (including the use of products) and natural objects that have not been artificially manufactured are not protected by utility model patents;
2. The creativity of the utility model is not too high, but it is practical and has great practical value;
3. In the examination and approval of patent rights, we should simplify the examination and approval procedures, quickly authorize, shorten the protection period and lower the charging standard.
Legal basis:
Article 26 of the Patent Law of People's Republic of China (PRC)
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.
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.