What does the utility model in the patent mean?
Patent for utility model: refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. A patent for utility model shall have the following characteristics; First, the utility model must be a product and suitable for practical products. Such as instruments, equipment, appliances or daily necessities; Second, it must have a certain shape and structure. If it is a substance with no fixed form, such as gas, liquid, powdery solid (sugar, flour), etc. , it can not be the object of protection of utility model patents. 1. What is a patent and what is a patent is the abbreviation of patent right, that is, the state grants the inventor or his successor the exclusive right to use his invention and creation within a certain period of time according to law. Patent is a legal system that enables applicants to make profits through their inventions. Within the time and geographical scope of patent protection, 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, or use its patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods. In order to obtain a patent, the applicant must disclose the contents of his invention to the public, and once the patent right expires, the invention becomes a well-known technology and can be used by others for free. During the term of patent protection, the patentee monopolizes all the rights of the invention, and can make profits by exploiting, transferring or licensing it himself. 2. Types of patents An invention patent is a new technical scheme for a product, method or its improvement, with a protection period of 20 years; Utility model refers to a new practical technical scheme for the shape, structure or combination of products, and the protection period is 10 year; Appearance design refers to a new design with aesthetic feeling and suitable for industrial application, and the protection period is 10 year. The above period shall be counted from the date of application and may not be extended after expiration. 3, how to apply for a patent to seize the opportunity When the idea of the invention has just taken shape in my mind, even if it has not been successful at this time, the applicant should record the content of the invention. Once the invention is completed, it is necessary to immediately determine which content can be patented. On the basis of patent search, it is best to get the help of a licensed patent agent. As China adopts the first application system, it is very important to submit a patent application to the Patent Office as soon as possible after the evaluation. The same invention-creation can only be granted a patent right, which belongs to the first applicant. Keep it strictly confidential before applying, because publicity will lose novelty. Applicants who write patent application documents usually hire licensed patent agents to help them apply for patents. After the two parties sign the entrustment agreement, the applicant will generally provide the patent disclosure materials, and the agent will write the documents according to the contents of the disclosure materials. Patent application documents include specification, claims, drawings of specification, abstract of specification, etc. Patent claim is a legal document to determine the scope of patent protection, while other documents disclose the invention in detail and give literal and substantive support to the scope of patent claim protection. Patent Search Next, the applicant needs to conduct a comprehensive patent novelty search, including not only China patents, but also China's scientific research papers, foreign patent documents and public publications. If you can't retrieve the same or similar existing technology as the invention, you can consider applying for a patent as soon as possible. Generally speaking, a licensed patent agent can provide valuable reference information for the applicant. There are millions of patent documents in China National Intellectual Property Administration's websites and archives, and free patent databases are opened on the websites of patent departments in various countries for public inquiry. Computer retrieval is not enough. Computer checking is very helpful in many cases, but it is not foolproof. Depending on the database used, the user's retrieval experience and language level, there will be different retrieval results, and sometimes important information, such as key pictures or chemical structures, will be missed. In addition, if the user doesn't know how to use online resources and lacks an understanding of novelty and creativity stipulated by law, he will not be able to make a correct judgment on the search results. Therefore, it is best to entrust China National Intellectual Property Administration Patent Office to search, which has the most comprehensive database resources in China. Searchers generally come from Patent examiners and have rich search experience and good foreign language skills. As the retrieval report given by the Patent Office is not analyzed, the applicant had better entrust a practicing patent agent to help judge and analyze. The inventor can judge whether it is necessary to apply by searching the patent application process. After the patent application is accepted, it will temporarily keep the legal result uncertain, which can also be called "patent pending approval". Depending on the type of patent and the content of the invention, this time generally lasts 1-3 years until the patent application is authorized or rejected. "