There are three types of patents in China:
1. Invention patent. The definition of invention in the first paragraph of Article 2 of the Detailed Rules for the Implementation of the Patent Law of China is: "Invention refers to a new technical scheme proposed for a product, method or its improvement." . The so-called products refer to all kinds of new products that can be manufactured in industry, including solids, liquids and gases with certain shapes and structures. The so-called method refers to the method of processing raw materials and making various products. Invention patents do not seek technical achievements that can be directly applied to industrial production through practice. It can be a solution to a technical problem or an idea with the possibility of industrial application. However, this technical scheme or idea cannot be confused with simply putting forward a topic or idea, because a simple topic or idea does not have the possibility of industrial application.
2. Patent for utility model. The second paragraph of Article 2 of the Detailed Rules for the Implementation of the Patent Law of China defines utility model as: "Utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products." Like the invention, the utility model protects a technical scheme. However, the scope of patent protection for utility model is relatively limited, which only protects new products with a certain shape or structure, and does not protect methods and substances without a fixed shape. The technical scheme of the utility model pays more attention to practicality, and its technical level is lower than that of the invention. Most countries' utility model patents protect relatively simple and improved technological inventions, which can be called "small inventions".
3. Design patent. The third paragraph of Article 2 of the Detailed Rules for the Implementation of the Patent Law of our country defines design as: "Design refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern or combination, color, shape and pattern of a product." . Appearance design is obviously different from invention and utility model. Appearance design focuses on the designer's artistic and aesthetic creation of the appearance of a product, but this artistic creation is not a simple handicraft, it must be practical for industrial application. In essence, design patents protect artistic creativity, while invention patents and utility model patents protect technical creativity; Although the design and utility model are related to the shape of the product, they have different purposes. The former aims to make the appearance of products beautiful, while the latter aims to make products with appearance solve a technical problem. For example, if the shape, pattern and color of an umbrella are quite beautiful, it is necessary to apply for a design patent. If the umbrella handle, umbrella ribs and umbrella head are simple and reasonable in structural design, can save materials and have durable functions, you should apply for a patent for utility model.