Firstly, the invention is a new technical scheme. It is a technical scheme to solve various problems in production, scientific research and experiment by using natural laws (excluding man-made laws), and generally consists of several technical characteristics.
Secondly, inventions can be divided into product inventions and method inventions. Product inventions include all products created by people, including equipment, systems, devices, circuits, drugs, compounds and so on. Method invention includes all methods produced by inventions and creations using natural laws. Methods The invention can be divided into manufacturing method and operation method.
According to the second paragraph of Article 2 of the Detailed Rules for the Implementation of the Patent Law, a patent for utility model only protects a product, which should be an entity with a certain shape and structure and occupy a certain space. All methods and natural objects that have not been artificially manufactured do not belong to the object of patent protection for utility models. The above methods include manufacturing methods, using methods, communication methods, processing methods, computer programs and using products for specific purposes.
(1) 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 the product shape can be the technical scheme proposed for the three-dimensional shape of the product.
Gaseous, liquid, powdery, granular materials and other products with no definite shape can not be regarded as the shape characteristics of utility model products because the shapes obtained by placing and stacking are uncertain.
(2) 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. 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. The molecular structure, composition and metallographic structure of matter do not belong to the product structure protected by utility model patent.
The invention patent and utility model patent granted patent right shall be novel, creative and practical.
(1) Novelty means that before the filing date, no identical invention or utility model was published in publications at home and abroad, used in China or known to the public in other ways, and no identical invention or utility model was filed by others with the the State Council Patent Administration Department and recorded in the patent application documents published after the filing date.
(2) Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
(3) Practicality means that the invention can be manufactured or used and can produce positive effects. (The information comes from Zhong Yi United Intellectual Property)