my country’s patents have the following types:
The types of patents have different regulations in different countries. In my country’s patent law, they are: invention patents, utility model patents and design patents. ; The Hong Kong Patent Law stipulates: standard patents (equivalent to mainland invention patents), short-term patents (equivalent to mainland utility model patents)., and design patents; in some developed countries, they are classified: invention patents and design patents .
1. Invention patents
The so-called products refer to various new products that can be manufactured in industry, including solid, liquid, gas and other items with certain shapes and structures. The so-called method refers to the method of processing raw materials to make various products. An invention patent does not require that it be a technical achievement that has been proven in practice and can be directly applied to industrial production. It can be a solution to a technical problem or an idea with the possibility of industrial application, but this cannot be This kind of technical solution or concept is confused with simply proposing a problem or idea, because a simple problem or idea does not have the possibility of industrial application.
Invention refers to a new technical solution proposed for a product, method or improvement thereof, which mainly reflects novelty, creativity and practicality. Patented inventions are divided into two categories: product inventions (such as machines, instruments and equipment, appliances) and process inventions (manufacturing methods).
2. Utility model patents
New technical solutions suitable for practical use. "Similar to inventions, utility models also protect a technical solution. However, the scope of utility model patent protection is narrow. It only protects new products with a certain shape or structure, and does not protect methods and substances without fixed shapes. Utility model technology The plan pays more attention to practicality, and its technical level is lower than that of invention. Utility model patents in most countries protect relatively simple and improved technical inventions, which can be called "small inventions."
Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use. The grant of a utility model patent does not require substantive examination. The procedure is relatively simple and the cost is low. Therefore, regarding daily necessities, Small inventions for tangible products in machinery, electrical appliances, etc. are more suitable for applying for utility model patents
3. Design patents
Article 2, paragraph 4, of my country’s Patent Law. The definition of appearance design is: “Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern. ” and stipulates its authorization conditions in Article 23 of the Patent Law, “The design for which the patent right is granted shall not be an existing design; and no unit or individual has filed a patent for the same design before the filing date. An application has been filed with the Patent Administration Department of the State Council and recorded in patent documents published after the application date. "Compared with the previous patent law, the newly revised patent law has higher requirements for appearance design.
There is a clear difference between appearance design, invention and utility model. Appearance design focuses on the designer's Item
The appearance of the product is an artistic and aesthetic creation, but this artistic creation is not a simple handicraft. It must have a practical appearance that can be applied in industry. Design patents essentially protect artistic ideas, while invention patents and utility model patents protect technical ideas. Although appearance designs and utility model patents are related to the shape of the product, their purposes are not the same. The purpose of the former is to make the product Shape creates aesthetic feeling, and the purpose of the latter is to enable a product with form to solve a certain technical problem. For example, if an umbrella has a very beautiful shape, pattern, and color, then it should apply for a design patent. If the umbrella's handle, The structure design of the umbrella ribs and head is streamlined and reasonable, which can save materials and have durable functions, so you should apply for a utility model patent.
Appearance design refers to the shape, pattern or combination of the product, as well as the color and shape. The combination of , patterns creates a new design that is aesthetically pleasing and suitable for industrial applications.
The object of protection of a design patent is the decorative or artistic appearance design of a product. This design can be a flat pattern or a three-dimensional shape. More commonly, it is a combination of the two. The main condition for granting a design patent is novelty. sex.