Structure patent and appearance patent

Legal analysis: After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes, nor may it use its patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods. After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.

Legal basis: The term "utility model" in the Patent Law of People's Republic of China (PRC) refers to a new practical technical scheme for the shape, structure or combination of products. The difference between utility model and invention lies in: first, utility model is limited to products with a certain shape, and it cannot be a method or a product without a fixed shape; Second, the utility model is not too creative, but it is very practical. For example, the shape of a product refers to a certain spatial shape that the product has and can be observed from the outside. The technical scheme proposed for product shape can be the technical scheme proposed for product three-dimensional shape, such as the improvement of cam shape and cutter shape; It can also be a technical scheme of two-dimensional shape of products, such as the improvement of sectional shape of profiles.