What exactly does the utility model patent protect?

Paragraph 2 of Article 2 of the Detailed Rules for the Implementation of the Patent Law stipulates that the term "utility model" as mentioned in the Patent Law refers to a new technical scheme that is suitable for practical use for the shape, structure or combination of products. According to the above provisions, the patent for utility model only protects the product, and only protects the technical scheme proposed for the shape and structure of the product. All methods, such as manufacturing methods, use methods, communication methods, processing methods, computer programs and products used for specific purposes, as well as natural objects that have not been artificially manufactured, are not the object of patent protection for utility models. At the same time, the examination guide stipulates in the first part, chapter 2, "Preliminary examination of the application for a patent for utility model" that if the claim contains both shape features and structural features, and the technical scheme proposed for the method itself, it does not belong to the object of patent protection for utility model. However, defining the shape and structure of products by the names of known methods in the prior art, such as welding and riveting, does not belong to the technical scheme proposed for the method itself. If the claim contains not only the shape and structural features, but also the technical proposal for the material itself, it does not belong to the object protected by the patent for utility model. However, materials known in the prior art are applied to products with shapes and structures, such as composite wood floors, plastic cups, cardiac catheter stents made of memory alloys, and the like. , does not belong to the technical scheme proposed for the material itself. According to the above provisions, it seems that it can be concluded that the claim of the utility model patent does not exclude the appearance of the technical features of the method or material, but the premise of its appearance is that the technical features of the method or material are known in the prior art and do not constitute the contribution technical features of this patent. On the other hand, when discussing the creativity of an authorized utility model patent, for example, in the procedure of examining the request for invalidation, although all technical features in its technical scheme, including material features and method features, should be considered, these considered "material features and method features" must be presumed to be known technical features in the prior art, and the adoption of these technical features will not make a substantial contribution to the creativity of this patent, otherwise this patent will violate Article 2, paragraph 2, of the Detailed Rules for the Implementation of the Patent Law.