What are the patent features of utility models?

Kit Intellectual Property: What are the patent features of utility models?

1. Exclusivity, also called "exclusivity". The so-called exclusivity means that the patentee enjoys the exclusive right to manufacture, use, sell and import and export his invention and creation. That is to say, without the permission of the patentee, no other unit or individual may manufacture, use, sell, promise to sell and import and export its patented products for production and business purposes, nor may it use its patented methods, nor may it manufacture, use, sell, promise to sell and import and export products directly obtained by its methods without the permission of the patentee. Otherwise, it is patent infringement.

2. Regionality: According to the principle of patent independence stipulated in the Paris Convention, the regionality of patent right means that the patent right granted by a country according to its patent law is only valid within the legal jurisdiction of that country and is not binding on other countries. Foreign countries do not undertake the obligation to protect their patents, but only obtain the patent right for an invention in China, so the patentee only enjoys the patent right or exclusive right in China. If someone produces, uses or sells the invention in other countries and regions, it is not an infringement. It is very meaningful to understand the regional characteristics of patent rights. In this way, if a unit or individual in China develops an invention with international market prospects, it is not only a matter of applying for domestic patents in time, but also should seize the opportunity to apply for patents in other countries and regions with good market prospects, otherwise foreign markets will not be protected.

3. Timeliness: The so-called temporality means that the exclusive right granted by the patentee to his invention and creation is only valid within the time stipulated by law. After the expiration of the time limit, the patentee no longer enjoys the exclusive right to manufacture, use, sell, promise to sell and import his invention and creation. At this point, inventions protected by law have become public wealth of society, and any unit or individual can use them free of charge.

Fourth, the time limit, the patent laws of various countries have clearly stipulated that the protection period of the invention patent right generally varies from the date of application 10-20 years; The term of utility model and design patent is 5- 10 years in most countries, while the term of protection of invention patent, utility model patent and design patent in China is 20 years from the date of filing, 10 years and 10 years respectively.