(1) An invention patent refers to a new technical scheme proposed for a product, method or its improvement.
(2) Patent for utility model: refers to a new technical scheme for the shape, structure or combination of products, which is suitable for practical use.
(3) Design patent: refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of the product and the combination of color, shape and pattern.
2. Invention refers to a new technical scheme proposed for a product, method or its improvement. Characterized in that:
Firstly, the invention is a new technical scheme. It is a technical scheme to solve various problems in production, scientific research and experiment by using natural laws, and generally consists of several technical features.
Secondly, inventions can be divided into product inventions and method inventions. Method invention includes all methods produced by inventions and creations using natural laws. Methods The invention can be divided into manufacturing method and operation method.
In addition, the invention protected by the patent law can also be an improvement of existing products or methods.
An invention granted a patent right shall be novel, creative and practical.
Novelty means that before the filing date, no identical invention or utility model was published in publications at home and abroad, used in China or known to the public in other ways, and no identical invention or utility model was applied to the patent administration department in the State Council by others and recorded in the patent application documents published after the filing date.
Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention can be manufactured or used and can produce positive effects.
3. The patent law of China is not applicable:
(1) scientific discovery,
(2) Rules and methods of intellectual activities,
(3) the diagnosis and treatment of diseases,
(4) Species of animals and plants,
(5) substances obtained by nuclear transformation,
(6) No patent right shall be granted for inventions and creations that violate state laws, social ethics or harm public interests.