1. Invention refers to a new technical scheme proposed for a product, method or its improvement. An invention must be a technical scheme, the result of the inventor's application and combination of natural laws in a specific technical field, not the natural laws themselves, so scientific discovery does not belong to the category of invention. At the same time, inventions are usually intellectual achievements in the natural sciences, and achievements in the fields of literature, art and social sciences cannot constitute inventions in the sense of patent law.
2, utility model, refers to the product shape, structure or their combination is suitable for practical new technical solutions. The utility model patent only protects the product. Products should be manufactured by industrial methods and occupy 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.
3. Appearance design, also known as industrial product appearance design, refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or their combination and the combination of color, shape and pattern of the product.
What rights does the patentee enjoy?
1. exclusive rights. Exclusive rights are also called "exclusive rights". Article 11 of the Patent Law stipulates: "After the patent right for invention and utility model is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes, or use its patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods."
2. License enforcement right. The right to license implementation, that is, the right to use the license, means that the patentee conditionally allows others to use his patented technology. Specifically, the patentee (licensor) allows others (licensee) to use all or part of the patented invention-creation technology under certain conditions by signing a contract.
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.