In China, patent applications are divided into three forms: invention patents, utility model patents and design patents.
The main body of invention patent and utility model patent protection is: technical features that are used to solve technical problems in a certain technical field and have a significant role in solving technical problems. Refers to the new technical scheme for the shape, structure or combination of products, which is suitable for practical use. Emphasis is placed on the structure of the invention or utility model and the matching relationship of each component or structure.
Design patent is the protection of the shape, pattern or their combination of products and the combination of color and shape and pattern, which is aesthetic and suitable for industrial application. The focus is on the expression of the overall appearance of the product.
The sovereign stage of an invention or utility model is a technical feature, and the subordinate stage further defines the sovereign stage. This limited feature is necessary for the structure or cooperation of the invention itself, but the design is not necessary for the structure or cooperation.
The establishment of design patent is also based on this consideration.
You can apply for a utility model patent and a design patent at the same time to protect the appearance of the product.