Definition of utility model patent

Question 1: 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't be the object of protection of utility model patent. 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. Seize the opportunity when the idea of the invention is just taking shape in the 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 the network resources and lacks the novelty and creativity of the 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. After searching the patent application process ... >>

Question 2: The fundamental difference between invention patent and utility model patent 1. invent

Invention as mentioned in the patent law refers to a new technical scheme proposed for a product, method or its improvement.

(1) The invention is a new technical scheme.

Technical scheme refers to the concrete idea of using natural laws to solve a specific technical problem in human production and life, and it is a scheme that uses natural laws and natural forces to make it produce certain effects. The technical scheme generally consists of several technical features. For example, the technical features of the product technical scheme can be shapes, structures, components, materials, appliances, equipment and devices. Methods The technical features of the technical scheme can be process, steps, flow, time, temperature, pressure, equipment and tools used, etc. The interrelation between various technical features is also a technical feature.

(2) Inventions are divided into product inventions and method inventions.

Product inventions include all inventions made by objects created by people.

Methods Inventions include all methods that make use of natural laws, which can be divided into manufacturing methods and operating methods, such as inventions made in processing methods, manufacturing methods, inspection methods or product use methods.

An invention protected by the patent law can also be an improvement of an existing product or method. Most inventions are correct.

Improvements to the existing technology, such as new combinations of certain technical features and new choices of certain technical features, are patentable inventions as long as these combinations or choices produce new technical effects.

2. utility model

The utility model mentioned in the patent law refers to a new technical scheme for real nails, which is put forward for the shape, structure or combination of products.

The utility model is similar to the invention in that the utility model must also be a technical scheme, but it cannot be.

It is an abstract concept or theoretical expression. The difference between utility model and invention lies in that, firstly, utility model is limited to products with certain shapes, and cannot be methods, such as production methods, test methods, treatment methods and application methods, nor can it be products without fixed shapes, such as drugs, chemicals and cement. Second, the utility model is not too creative, but it is very practical.

Question 3: Definition of utility model patent ① Regarding utility model, some countries do not list it as an independent patent protection object, but protect it in invention patents. In other countries, utility model is listed as an independent object of patent protection, which mainly refers to small inventions. The reason why the state protects utility models is to encourage small inventions with low cost and short development cycle, so as to meet the needs of economic development more quickly. (2) The Paris Convention does not stipulate the concept of utility model, but stipulates that utility model enjoys the benefit of invention patent. The Agreement on Trade-Related Aspects of Intellectual Property Rights also does not separately stipulate the patent types of utility models. China's patent law clearly regards utility model as one of the objects of patent protection, and stipulates that utility model patent refers to a new practical technical scheme proposed for the shape, structure or combination of products. The technical scheme is lower than the invention patent in technical level.

Question 4: What exactly does a utility model patent mean? If not, you can apply for a patent for invention. There are many lighters, but yours is better than others, more energy-saving, more convenient and safer. You can apply for a utility model patent. Others can't copy yours, but they can produce lighters different from yours. As long as you can prove that his product has the same characteristics as your patent, then he is infringing.

Question 5: What are the utility model patents? Product shape refers to the definite spatial shape that the product has and can be observed from the outside. Gaseous, liquid, powdery, granular substances or materials, which have no definite shape, cannot be used as the shape characteristics of utility model products.

The product structure mentioned in the patent for utility model refers to the arrangement, organization and relationship of various components of the product.

Question 6: What exactly does the protection of utility model patent include? If the technical scheme is the same, the application cannot be continued. China implements the first application system, that is to say, whoever applies for the patent right first will belong to him, and others can't apply again. If part of the design is changed, you can apply, but it should be noted that whether the changed content is creative, novel and practical (Article 22 of the Patent Law), if it is a technical scheme that can be directly replaced by technicians in the same field, the authorization intention is very small. I hope it will be helpful to you and I hope it will be adopted.

Question 7: Application conditions of utility model patent Utility model refers to a new practical technical scheme for the shape, structure or combination of products, also known as a small invention or a small patent. Its creativity and technical level are lower than that of invention patents, but it has great practical value. In the examination and approval of patent rights, we should simplify the examination and approval procedures, shorten the protection period and lower the charging standards to protect them. Regarding utility models, some countries do not list them as independent patent protection objects, but protect them in invention patents. In other countries, utility model is listed as an independent object of patent protection, which mainly refers to small inventions.

I. Documents and materials to be provided

1. Provide necessary information:

The name of the invention applied, the name, address and nationality of the inventor, and the name, address and nationality of the applicant. If so, does the invention patent require disclosure in advance, and does it require substantive examination at the same time as the application is submitted?

2, technical disclosure:

Including the name of the invention, the technical field to which the invention belongs, the existing technical situation in this technical field, the purpose of the invention, the technical scheme to realize the invention and the technical implementation effect. If necessary, drawings can be provided to illustrate the invention.

Second, the matters needing attention and related instructions

(1) Description of the agent

1. If the method invention or product invention is a substance with no fixed shape, you can only apply for an invention patent, not a utility model patent. Utility model refers to a new practical technical scheme for the shape, structure or combination of products.

2. The agent shall, according to the contents of the technical disclosure provided by the applicant, write application documents, including instructions, claims, abstracts and drawings, and submit them to the applicant for examination and signature before submitting them to the Patent Office.

3. If the applicant changes his address or contact person, please inform us in time to avoid receiving relevant notices and materials.

(2) Procedural interpretation

1. At any time within three years from the date of application, the actual examination period of the invention patent request shall be paid.

2. After receiving the authorization notice and the registration notice, the applicant shall go through the registration formalities and pay the prescribed fees in accordance with the requirements of the notice within the specified time. Failing to go through the registration formalities as required, or failing to do so within the time limit, shall be regarded as giving up the patent right.

After the patent right is granted, the patentee has to pay the annual fee every year. If there are six months overdue, he can still pay the annual fee, but he has to pay a late fee. If the annual patent fee is not paid or the annual fee and late fee for this year are not paid in full, the patent right shall be terminated from the date of expiration of the previous year.

4. The difference between an invention and a new patent is that:

■ Protection object: Invent and protect products and methods, while utility models only protect the shape and structure of products.

■ Review system: substantive review of inventions; In the preliminary examination of utility model, the requirement of creativity standard is slightly lower than that of invention.

■ Protection period: 20 years for invention and 10 year for utility model.

■ Different cost: The utility model has low cost.

Third, the handling instructions

If you apply for an invention or a new patent, please contact our customer service staff directly to inquire about the requirements and explanations of patent technology disclosure, so as to know how to provide all the documents and materials needed for patent application.

The fees charged for patent application only include the fees for writing materials, submission and various formalities before authorization. If authorized, the authorization fee and the annual fee for the first year payable at the time of authorization are not included.

Utility model patent

Patent for utility model: refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. The application for a patent for utility model shall be subject to a preliminary examination system, and the protection period shall be ten years, counting from the date of application.

Conditions for granting a patent for utility model: it must meet the requirements of novelty, creativity and practicality.

Novelty means that before the filing date, no identical invention was published in domestic and foreign publications, used in China or known to the public in other ways, and no identical invention was applied to the Patent Office by others and recorded in the patent application documents.

Creativity means that the invention has substantial characteristics and progress compared with the existing technology before the filing date.

Practicality means that the invention can be manufactured or used and can produce positive effects.

Materials required to apply for a patent for utility model:

Provide a technical disclosure with the following contents:

1, name of invention and its technical field;

2. Implement related existing technologies ..... >; & gt

Question 8: What does the utility model patent mean? The utility model patent in the patent law refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. The structure, shape or combination of structure and shape of any product shall apply for a patent for utility model. The protection period is 10 year. 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. The shape of a product refers to the definite 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. The structure of a product refers to the arrangement, organization and interrelation of various components of the product. The product structure can be either a mechanical structure or a circuit structure. Mechanical structure refers to the relative position relationship, connection relationship and necessary mechanical cooperation relationship between components that make up a product, and circuit structure refers to the determined connection relationship between components that make up a product. The composite layer can be considered as the structure of the product, and the carburized layer and oxide layer of the product belong to the composite layer structure.

Question 9: What are the specific steps to apply for a patent for utility model? 1. Specific steps:

Pre-patent application retrieval

Before applying for a patent, it is best to search to determine which inventions belong to the "prior art". If the content of the application has been recorded in the retrieved patent documents or other public publications, it may affect the authorization prospect of the application. In addition, even if there is no literature, the patent application will be rejected if others can determine that it is common knowledge in this field.

Benefits of patent retrieval

A careful understanding of what belongs to the existing technology will help the applicant to judge whether to apply for a patent and write a patent application document. The "background technology" part of the specification should be written with the closest existing technology. For utility model patents, it is usually necessary to provide background drawings, so that examiners and the public can clearly understand the substantial improvements and advantages of the invention.

Patent application documents

Inventions and utility models: request, specification and its abstract, patent claim; Inventions can have drawings as required, and utility models must have drawings; An application for invention involving new biomaterials shall submit a preservation certificate and a survival certificate; Where nucleic acid or amino acid sequence is involved, the machine-readable text of the sequence table shall be submitted.

Design: requirements, pictures or photographs; Indicate the products using the design and their categories; Request for color protection, submit color pictures or photos; If necessary, write a brief description of the design; Brief description should indicate design points, omitted views, colors to be protected, etc.

Patent examination

After the patent application is submitted to the State Information Bureau, it will be notified to accept it, and will be reviewed after paying the full fee. Patent examination is divided into preliminary examination and substantive examination, the latter is only for invention patents.

The patent examination process generally lasts 1-3 years, depending on the patent type and invention content. The utility model and design patents are authorized after preliminary examination, while the invention patents that pass the preliminary examination will issue a preliminary examination notice, waiting for substantive examination.

When the patent application is under examination, the applicant has no right to prevent others from infringing on his rights. However, after the publication of the invention patent (usually 18 months from the date of patent application), the applicant may ask the infringer to stop the infringement and pay the appropriate royalties, or the infringer may refuse. After the patent is granted, the applicant may pursue the tort liability from the infringer through judicial procedures and demand compensation.

Substantive examination of invention patent

The substantive examination of the invention is conducted in the actual examination department of the patent office. Examiners evaluate the novelty, creativity and practicality of patent applications by searching domestic and foreign patent documents and public publications, and also review whether the writing of patent documents meets the requirements, such as whether it meets the requirements, whether it is single, whether it is fully open, whether it is out of scope, etc.

The substantive examination must be carried out after the invention is published. According to the law, the publication is carried out within 18 months from the date of filing. Some applicants are willing to disclose their inventions in advance, so there will be patent applications published within 6- 10 months. Usually, the examiner in the actual trial stage will send at least one notice of examination opinions to the applicant or his agent, and the examination opinions can reflect the possibility of the invention being authorized and the existing defects. Review opinions generally include format errors, novelty problems, creativity problems, full openness problems, oneness problems and so on.

The time for examination of patent substance is uncertain, generally 6- 18 months, which depends on the content of the invention, the examiner's understanding of the invention, the examiner's work arrangement and the time for documents to travel back and forth between the examiner and the applicant or his agent. The fee for examining the substance of the invention patent is 2500 yuan/piece.

2. What can I apply for a patent?

invent

Refers to the new technical scheme proposed for products, methods or their improvement.

The invention can be tangible products, such as medical instruments and electronic components; It can also be intangible products, such as drug formula, gene sequence and compound structural formula; It also includes various methods, such as detection, preparation and planting; Can also be used, mainly refers to the new indications of drugs.

utility model

Refers to the new practical technical scheme for the shape, structure or combination of products.

The utility model only protects products, which must be tangible products with a certain shape and structure, such as composite layered materials, machinery, household appliances, etc.

appearance design

It refers to a new design that is aesthetically pleasing and suitable for industrial application in the shape, pattern or combination of products and the combination of color and shape and pattern.

Design ... >>

Question 10: What is the specific implementation in the utility model patent? The technical scheme of utility model patent or invention patent can be an abstract description. The embodiment describes the technical scheme by way of examples, so that examiners and others can understand the technical scheme more easily. I'm not sure what kind of transportation it is. Then, the corresponding embodiment can be: from Beijing to Shanghai by train; Or, fly from Beijing to Shanghai; Or, take a bus from Beijing to Shanghai. The last three descriptions of going to Shanghai by specific means of transportation (train, plane, car) from Beijing are examples of the description of "going to Shanghai by means of transportation from Beijing".