Regarding utility models, some countries do not list them as independent patent protection objects, but protect them in invention patents. In other countries, utility model is listed as an independent object of patent protection, which mainly refers to small inventions.
Utility model and appearance patent can be applied at the same time. According to the relevant provisions of China's patent law, invention refers to invention, utility model and design. Utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. Appearance design refers to the new design of the whole or partial shape and pattern of the product.
Whether it is an invention patent, a utility model patent or a design patent, the patent term shall be counted from the date of application, and the patent right shall be terminated after the expiration of the patent term.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Therefore, the utility model is only applicable to products, not to processing methods, and products must also have a certain shape and structure. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns. Therefore, design is a decorative or artistic appearance of industrial products, which is biased towards the outer packaging of products. Inventions and utility models granted patent rights shall be novel, creative and practical. The Patent Law stipulates a simplified examination and approval procedure for utility model patent applications, which only makes a preliminary examination of utility models, while invention patents need substantive examination in addition to preliminary examination. And in the process of patent creativity examination, invention patents need to have "outstanding substantive characteristics and significant progress", while utility model patents only need to have "substantive characteristics and progress".
legal ground
patent law of the people's republic of china
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Invention-creation as mentioned in this Law refers 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.
Article 22 An invention or utility model that has been granted a patent right shall be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date.
Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.