How to protect patents?
A new invention can only be protected by law if it is patented.
How to classify patents?
There are three kinds of patents: invention, utility model and design.
Invention patent: refers to a new technical scheme proposed for a product, method or its improvement. An invention that can be patented can be a product invention or a method invention.
Patent for utility model: refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. An application for a patent for utility model must be a product patent application.
Design patent: a new design of a product's shape, pattern, color or their combination, which is aesthetic and suitable for industrial application. The new design can be a graphic design of lines, patterns or colors, or a three-dimensional modeling of the product.
Technical patents refer to patents related to the working principle or structure of products, including invention patents and utility model patents.
The invention of utility model protection technology is completely different from the design protection. The utility model uses the scope of the claim and the scope of the text description, that is, whether the characteristics of the text description can be found in the suspected infringing products; Design is mainly to compare whether products and patents are the same or very similar (see if ordinary consumers can confuse them). Because the methods of comparison are different, it is hard to say who is bigger. But overall, it may be easier to avoid design. If you and your peers both produce the same product, and the description of the patent is the same as that of the utility model and design, then both parties can sue each other with their own patents.