The difference between patent right and invention patent

The difference between invention right and patent right: the invention right refers to the personal right and property right enjoyed by natural persons or organizations for their creative and significant scientific and technological achievements in the field of science and technology. Patent right refers to the right to exploit proprietary technological achievements that the inventor enjoys within a certain period of time with the approval of the patent administration department.

legal ground

People's Republic of China (PRC) Patent Law Article 2 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 64 The scope of protection of the patent right for invention or utility model shall be subject to the contents of the claims, and the description and drawings may be used to explain the contents of the claims. The protection scope of the patent right of design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph.