1, design, mainly refers to the new design of the whole or partial shape and pattern of the product;
2, utility model, mainly refers to the product shape, structure or their combination is suitable for practical new technical solutions;
3, invention, mainly refers to the product, method or its improved new technical scheme.
Any unit or individual that applies to a foreign country for a patent for invention or utility model completed in China shall file a confidentiality review with the patent administration department of the State Council in advance. The procedures and time limit for confidentiality review shall be implemented in accordance with the provisions of the State Council. Units or individuals in China may file an international patent application in accordance with the relevant international treaties to which People's Republic of China (PRC) is a party. When filing an international application for a patent, the applicant shall abide by the relevant provisions. The patent administrative department of the State Council handles international patent applications in accordance with the relevant international treaties to which People's Republic of China (PRC) is a party and the relevant provisions of the State Council.
The design granted the patent right does not belong to the existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date. Compared with the existing design or the combination of existing design features, the patented design should have obvious differences. A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application.
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.
legal ground
patent law of the people's republic of china
Article 24. An invention-creation for which a patent is applied for shall not lose its novelty in any of the following circumstances within six months before the date of filing: (1) It was first made public for the purpose of public interest under national emergency or special circumstances; (2) It was exhibited for the first time at an international exhibition sponsored or recognized by the China Municipal Government; (3) It was first published at a specific academic conference or technical conference; (4) Others disclose the contents of the application without the consent of the applicant.