1, there are three types of patents:
(1) invention patent. You may apply for a patent for invention for a new technical proposal or improvement of a product or method;
(2) utility model patents. You can apply for a patent for utility model for a new technical scheme that is suitable for practical use according to the shape, structure or combination of products;
(3) Design patent. According to the shape, pattern or their combination, as well as the combination of color and shape and pattern, a new design with aesthetic feeling and suitable for industrial application can be made, and you can apply for appearance design.
2. Legal basis: Article 22 of People's Republic of China (PRC) Patent Law.
Inventions and utility models granted patent rights should be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date. Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.
2. What are the patent priorities?
Patent priority can be divided into domestic priority and international priority; Domestic priority is also called "domestic priority" and international priority is also called "foreign priority".
1, domestic priority, also known as "domestic priority", means that the patent applicant can enjoy priority by filing a patent application with the China National Intellectual Property Administration Patent Office within 12 months from the date when he first filed a patent application for invention or utility model with the same theme in China. The design patent is not included in the priority system;
2. International priority, also known as "foreign priority", means that a patent applicant files a patent application in China within 12 months from the date of filing a patent application for the same invention or utility model for the first time in a foreign country, or within 6 months from the date of filing a patent application for the same design for the first time in a foreign country, and China takes the date of filing a patent application for the first time in a foreign country as the priority date.