The detailed rules for the implementation of the Patent Law stipulate: "The term" utility model "as mentioned in the Patent Law refers to a new technical scheme suitable for practical use for the shape, structure or combination of products". It can be seen that the utility model is also a technical scheme. This has something in common with the present invention.
But there are also important differences in other aspects:
First, the utility model only protects the product, which should be an entity with a certain space manufactured by industrial methods. However, the manufacturing method, use and usage of this product do not belong to the protection scope of utility model patent. In practical application, if the applied patent name is a product, and all the technical features recorded in the independent claim in its claim are a method or a method in essence; Or has no features in shape and structure, and belongs to the same product manufactured by different technological methods. These are not the scope of protection of utility model patents.
Second, the utility model must have a certain shape or structure, or a combination of the two. The shape of the product is a definite spatial shape that can be observed from the outside, and it can't be a plane. The structure of a product refers to the corresponding position of its components, the connection mode between them and the matching relationship between them. This structure can be mechanical or electronic circuit structure, that is, the determined connection relationship between the components that make up the product. Or both mechanical structure and electronic circuit structure, so as to form a complete technical scheme and achieve the required effect.