Legal subjectivity:
If there is no famous patent, there are three types of patents stipulated in my country's Patent Law: invention patents, utility model patents, and design patents. rInvention refers to a new technical solution proposed for a product, method or improvement thereof. It is further divided into product invention and method invention of technical solutions. Product inventions refer to all inventions that appear in tangible form, that is, objects are used to express the invention, such as machines, equipment, instruments, supplies, etc. Method invention refers to an invention in which the technical solution provided by the inventor is directed to a certain substance and uses a certain effect to produce a new technical effect. Method inventions express their technical solutions in the form of operating methods and technological processes. rUtility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use. Utility model patents only protect products with a certain shape. Products and methods without fixed shapes and designs characterized by simple flat patterns are not covered by this protection. Since utility model patents and applications do not require substantive examination, have a short approval cycle, and have low fees, the number of applications for this type of patent accounts for 2/3 of the total number of patent applications. rAppearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, i.e., the style of the product, based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern. It also includes designs characterized by purely flat patterns. Legal objectivity:
The word patent (patent) comes from the Latin word Litteraepatentes, which means a public letter or public document. It was used by medieval monarchs to prove certain privileges, and later referred to the British Certificate of exclusive rights signed by the King himself. Patents are the world's largest source of technical information. According to empirical statistical analysis, patents contain 90-95 of the world's scientific and technological information. In my country, patents include three types: invention patents, utility model patents and design patents. Invention patents have the highest technical content and require the inventor to expend the most creative labor. New products, their manufacturing methods, and methods of use can all apply for invention patents. For utility model patents, as long as there are some technical improvements, you can apply for a utility model patent. However, it should be noted that you can only apply for a utility model patent when it involves product structure, shape or their combination. For design patents, you can apply for a design patent as long as it involves the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern, is aesthetically pleasing, and is suitable for industrial application. Attachment: 1. Understanding invention patents - The Implementing Rules of my country's Patent Law point out that "inventions referred to in the Patent Law refer to new technical solutions proposed for products, methods or their improvements." The inventor can only apply for this technical solution to the Patent Office and pass a series of strict reviews, especially the review of novelty, inventiveness and practicality; patent rights will be granted to invention patent applications that meet the regulations. The applicant should also complete the registration procedures and pay the annual fee on time, so that the invention patent application can officially become an invention patent with multiple patent attributes. Inventions referred to in the patent law are divided into two categories: product inventions (such as machines, instruments, equipment and appliances, etc.) and process inventions (manufacturing methods). Patent rights are not granted for inventions in certain technical fields, such as methods for diagnosis and treatment of diseases, substances obtained by nuclear transformation methods, etc. The invention of computer software must be treated differently depending on whether it is pure computer software or special software that can be combined with hardware. The latter can apply for patent protection. With changes in examination standards, it is now possible to apply for a patent for pure computer software alone, and no longer has to be combined with hardware. As for inventions involving microorganisms, you can also apply for invention patents. However, microbial preservation certificates must be submitted on time. 1. Product inventions (including material inventions) are technical solutions for various new products, new materials, new substances, etc. developed through research and development. A product under patent law can be an independent and complete product, or it can be a component of a device or instrument. Its main content includes: manufactured products, such as machines, equipment and various supplies and materials, such as chemical substances, compositions and other products with new uses.
2. Method inventions refer to technical solutions such as operating methods, manufacturing methods and processes developed by people to manufacture products or solve a certain technical problem. A method can be a complete process consisting of a series of steps, or it can be a step. It mainly includes: manufacturing method, that is, the method of manufacturing a specific product; and other methods, such as measurement methods, analysis methods, communication methods, etc.; product New uses. 3. Which inventions and creations can be applied for invention patents? Generally speaking, the results obtained in the process of technological development and new product development should apply for invention patents because of their high technical level. For example, the application of laser technology is developed and researched, and laser holography or grating etching methods are used in the manufacture of synthetic leather, and a holographic grating synthetic leather is developed. Then, both the leather itself and its manufacturing method should apply for an invention patent. Another example: for drugs developed using biochemical technology, both the drug and the method of manufacturing the drug should apply for invention patents. Another example: A factory proposes a design plan to improve the air compressor. The plan is achievable and its implementation will greatly reduce production costs and improve machine performance. This plan can apply for an invention patent. The technology applied for an invention patent can be either a pioneering or pioneering invention that brings revolutionary changes to a certain subject or a certain technical field, or it can be an improved invention that is partially improved and developed on the basis of existing technology. 2. Understand utility model patents - Utility model patents, also known as small inventions or small patents, are the object of patent rights and the objects protected by patent law. They refer to utility models that should be granted patent rights according to law. Utility models usually refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use. ① Regarding utility models, some countries do not list them as independent objects of patent protection, but instead protect them in invention patents. In addition, in some countries, utility models are listed as independent objects of patent protection. Such utility models mainly refer to small inventions. The reason why the state protects utility models is to encourage the creation of small inventions with low cost and short development cycle, so as to more quickly adapt to the needs of economic development. ② The Paris Convention does not stipulate the concept of utility models, but stipulates that utility models enjoy the benefits of invention patents. The Agreement on Trade-Related Knowledge does not separately stipulate the patent type of utility model. my country's "Patent Law" clearly regards utility models as one of the objects of patent protection, and stipulates that utility model patents refer to: new technical solutions proposed by product shape, structure or their combination that are suitable for practical use. The technical level of this technical solution is lower than that of an invention patent. 3. Understand design patents - Industrial design patents refer to new designs that are aesthetically pleasing and suitable for industrial application in terms of the shape, pattern, color or combination of products. Appearance design refers to the appearance design of industrial products, that is, the style of industrial products. Design patents are the object of patent rights and the objects protected by patent law. They refer to designs for which patent rights should be granted according to law. It is completely different from an invention design patent certificate or utility model, that is, the design is not a technical solution. Article 2 of China’s Patent Law stipulates: “Design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of the product, as well as the combination of color, shape, and pattern. It can be seen that , the design patent shall meet the following requirements: ⑴ It refers to the design of shape, pattern, color or their combination; ⑵ It must be a design of the appearance of the product; ⑶ It must be aesthetically pleasing; ⑷ It must be suitable for industrial application.