How to distinguish utility model patents from invention patents? 1, the definition of patent law is different: invention: technical scheme with high degree of innovation, significant improvement or significant technical significance; Utility model: For products with certain structure and construction, the improvement should only have corresponding functional effects.
2. The application process is different: the invention review is strict, and preliminary review and substantive review are needed. The utility model can only pass the preliminary examination.
3. Different protection periods: the invention is valid for 20 years and the utility model is 10 years.
4, reflected in the patent number is also different: at present, China's patent law stipulates that the first four digits of the patent number are the year number. The fifth place can only be 1, 2, 3, 8, 9. Where 1 refers to invention and 2 refers to utility model. The last digit is the serial number, and the last digit of the decimal is the check digit.
How to determine whether to apply for an invention patent or a utility model patent? 1. Invention
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 parts, components, materials, appliances, devices, shapes, structures, components, dimensions, etc. Methods The technical features of the technical scheme can be technology, steps, process, involved time, temperature, pressure, adopted equipment and tools, 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 for 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 means that the shape, structure or combination of products are suitable for practice.
The new technical scheme adopted.
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.
Is the mobile phone with MP3 an invention patent or a utility model patent? If it is a simple function superposition, it is not a patent. If there is a certain technical improvement, you can apply for a patent for utility model.
If the manufacturing method is patented, is it an invention patent or a utility model patent? Methods can only be protected by invention.
The utility model relates to a protection structure and system.
Article 2 of the new patent law
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 with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns.
Is the value of invention patent far greater than that of utility model patent? It is crucial to fully consider the practical value of this product when inventing a patent. With practical value, there is a market and a website.
How to determine whether to apply for an invention patent or a utility model patent? How to distinguish prominence from prominence? The utility model is commonly known as gizmo. For utility model patents, it is relatively easy for the patent office not to examine their novelty first. Invention patents require high novelty. Generally, you have to search when you apply. The advantage is long protection time. However, the protection time of utility model patents is short. In addition, the protection of technical secrets is beneficial to key technologies. The price of patent is publicity.