What are the types of patent rights?

According to the law, there are three kinds of patents in China: invention patents, utility model patents and design patents. Invention patents and utility model patents should be novel, creative and practical. An invention patent refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. The design patent should not belong to the existing design, but refers to the new design with aesthetic feeling and suitable for industrial application.

What are the characteristics of patent right?

1. Li: Li is also called "exclusivity". The so-called exclusivity means that the patentee enjoys the exclusive right to manufacture, use, sell and import and export his invention and creation. That is to say, without the permission of the patentee, no other unit or individual may manufacture, use, sell, promise to sell and import and export its patented products for production and business purposes, nor may it use its patented methods, nor may it manufacture, use, sell, promise to sell and import and export products directly obtained by its methods without the permission of the patentee. Otherwise, it is patent infringement.

2. Timeliness: the so-called temporality means that the exclusive right granted by the patentee to his invention and creation is only valid within the time stipulated by law. After the expiration of the time limit, the patentee no longer enjoys the exclusive right to manufacture, use, sell, promise to sell and import his invention and creation. At this point, inventions protected by law have become public wealth of society, and any unit or individual can use them free of charge.

3. Intangible: The patent right is intangible. Many people often regard this feature of patent right as the object of protection-technology protected by patent right. In fact, invisibility is the patent right itself. Otherwise, as far as a trademark is concerned, its object is a pattern, which is obviously not intangible.

Extended data:

1. An invention patent refers to a new technical scheme proposed for a product, method or its improvement.

2. Patent for utility model: refers to a new technical scheme for the shape, structure or combination of products, which is suitable for practical use.

3. Design patent: refers to a new design that is aesthetically pleasing and suitable for industrial application in the shape, pattern or combination of product and the combination of color, shape and pattern.

What are the ways to get a patent right?

1, original acquisition, can also be said to be independent research and development.

2 patent transfer, the patent right is directly transferred to the relative person, and the transfer fee is charged.

Note: Sign the contract, and then go to China National Intellectual Property Administration to handle the project change filing procedures.

3. Patent licensing and patent fees.

Legal basis:

People's Republic of China (PRC) Patent Law Article 2 Invention-creation as mentioned in this Law refers 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.