According to the provisions of China's patent law, patents are divided into three types: invention patents, utility model patents and design patents: A. Invention as mentioned in the patent law refers to a new technical scheme proposed for a product, method or its improvement. B. The term "utility model" as mentioned in the Patent Law refers to a new technical scheme for the shape, structure or combination of products, which is suitable for practical use. C the term "design" as mentioned in the patent law refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of products and the combination of color, shape and pattern.
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Benefits of patents
1. Article 60 of the Law on the Progress of Science and Technology in People's Republic of China (PRC) stipulates that anyone who plagiarizes, falsifies, counterfeits or otherwise infringes upon other people's scientific and technological achievements such as copyright, patent right, discovery right and invention right, and illegally steals technical secrets, shall be dealt with in accordance with the provisions of relevant laws.
2. Article 118 of the General Principles of the Civil Law stipulates that citizens and legal persons whose copyright (copyright), patent right, exclusive right to use trademarks, right of discovery, right of invention and other scientific and technological achievements are infringed have the right to demand that the infringement be stopped, the influence be eliminated and the losses be compensated.
3. Article 216th of the Criminal Law stipulates that whoever imitates another person's patent, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined.
Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) (revised on 20 10) Article 1 These Detailed Rules are formulated in accordance with the Patent Law of People's Republic of China (PRC) (hereinafter referred to as the Patent Law).
5. The Regulations of People's Republic of China (PRC) on Invention Awards is also about patent right, because the object of patent right includes invention. .
6. Article 4 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights stipulates that under any of the following circumstances, counterfeiting other people's patents is a "serious case" as stipulated in Article 216 of the Criminal Law. For the crime of counterfeiting patents, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined: 1. Where the illegal business amount is more than 200,000 yuan or the illegal income is more than 100,000 yuan. Two, causing direct economic losses to the patentee of more than five hundred thousand yuan; Three, counterfeiting more than two patents, the illegal business amount is more than one hundred thousand yuan or the illegal income amount is more than fifty thousand yuan; 4. Other serious circumstances.