Legal analysis: The object protected in the patent law is a patent, which refers to an invention-creation that has been examined by the patent offices of People's Republic of China (PRC) and the People's Republic of China, conforms to the relevant provisions of the patent law and is authorized by a patent. Patents are divided into inventions, utility models and designs. (1) Invention refers to a new technical scheme proposed for a product, method or its improvement. Products refer to all kinds of products that can be manufactured in industry, including solids, liquids and gases with certain shapes and structures. Method refers to the method of processing raw materials and making various products. (2) Utility model refers to a new practical technical scheme for the shape, structure or combination of products. (3) Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of colors, shapes and patterns of products. For example: the appearance, packaging, labels and so on of various products. It should be noted that patent applications for utility models and designs are only applicable to products, not to method inventions. For the technical improvement of the method, only an invention patent can be applied. For some products, you can sometimes apply for a patent for invention or a patent for utility model, and the examination requirements and protection period of the two are different. If the technical level is not very high and the life cycle of the technology is not very long, it is recommended to apply for a utility model if you want to obtain a patent right as soon as possible. Otherwise, apply for an invention patent.
Legal basis: Article 3 of the Patent Law states that the patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law. The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.