An invention patent refers to a new technical scheme proposed for a product, method or its improvement. Can be divided into:
A product invention patent refers to an invention in the form of matter. (For example: man-made articles, such as computers, airplanes, paint formulations, drug formulations, etc. )
Method invention patent refers to an invention in the form of a program or method. (For example: fermentation, separation, molding, transportation, experiments, operation methods, etc. )
2. Patent for utility model
A patent for utility model refers to a new technical scheme for product structure or its combination, which is suitable for practical use.
For specific products (instruments and appliances), products with certain creativity (physical progress) and strong practicability (technical performance) are limited to some product inventions, including products with certain shapes or structures. It can't be a method, nor can it be a product without a fixed shape.
The shape of a product refers to the shape that the product has and can be observed from the outside. Shapes made of gaseous, liquid, powdery and granular materials all belong to products with no fixed shape and must be solid products occupying a certain space. The improved product is more practical.
3. Design patents
Design patent refers to a new design that is aesthetic and suitable for industrial application based on the shape, pattern or structure of the product and the combination of color and shape and pattern.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 1 This Law is formulated for the purpose of protecting the legitimate rights and interests of patentees, encouraging inventions and creations, promoting the application of inventions and creations, improving innovation ability, and promoting scientific and technological progress and economic and social development.
Article 2 Inventions and creations mentioned in this Law refer to inventions, utility models and designs.
Invention refers to a new technical scheme proposed for a product, method or its improvement.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.
Article 3 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.