(1) The utility model generally protects things visible from the surface, such as mechanical structure, circuit diagram, communication system, etc.
(2) The invention can not only protect the contents that the utility model can protect, but also protect the methods (such as manufacturing methods, communication methods, use methods, etc.). ), material components, pure software systems, etc.
Methods, materials and pure software can not be protected by utility models, but can only apply for inventions.
2 The second difference between invention and utility model (the difference of examination process).
(1) The utility model does not retrieve the creativity of this patent. If almost the same equipment as your patent has been made public, your patent will usually be granted.
But this kind of authorization is unstable, and others can invalidate your patent in an invalid way.
(2) Authorized inventions are of high value, because after substantial retrieval, open technical documents and periodicals from all over the world are retrieved. In China, more than half of inventions are not authorized because they do not meet the innovation requirements.
3 "A method invention patent. To realize this invention, either material A or material B can be used, so can I use material B to make an application utility model? "
(1) First of all, if a patent can be realized in two ways, it can be protected by two patents.
But in this case, it is a material patent and can only be protected by inventions, that is, two inventions need to be declared to protect two schemes.
In fact, it can also be protected in an invention, which can be described as follows: a mechanism is made of material A or material B.
(2) But if it is not a material patent, such as a ballpoint pen and its cap, these two patents can be protected by two inventions, two utility models or 1 inventions and 1 utility models.
4 "If you can apply for the patent of 1 ballpoint pen, and I apply for the patent of pen cap, then you can have the patent of ballpoint pen first, and then you have to produce ballpoint pen with pen cap. Is it infringement? How their rights are distributed. "
(1) If the patent of the ballpoint pen is still within the protection period, then the latter (ballpoint pen with cap) is infringing, because although the latter has a patent, it still infringes the patent of the former.
(2) How to distribute rights: If the former also uses the latter's patent, then the two patentees can negotiate without paying the other's patent fee. If a third party uses two patents, it can negotiate to allocate the royalties according to a certain proportion.
5 you can apply.
It is patentable to improve the existing technology again.