Features of invention patents:
1. It is difficult to apply. In view of the creativity of the invention patent, it is required that the invention has outstanding substantive characteristics and remarkable progress compared with the existing technology before the filing date; For the utility model, it is only required to have substantial characteristics and progress compared with the existing technology before the application date. The invention emphasizes "outstanding substantive characteristics" and "remarkable progress", which shows that the creative requirements of invention patents are higher than those of utility model patents, and its application is more difficult.
2, high technical value, because the application for a patent for invention requires higher creativity of the technical scheme, which requires not only formal examination, but also substantive examination, so the invention that finally obtains the corresponding patent right has high technical value. For example, the number of invention patents can be used as an important index to apply for listing on the science and technology innovation board. In addition, if an enterprise has a certain number of invention patents, it is also beneficial to be recognized as a high-tech enterprise and apply for government-funded subsidy projects.
3. Rights are relatively stable. Even if the patent application is authorized, the patent right may still be invalid in the future. Compared with utility models and designs, inventions are often more stable because they have undergone substantial examination in the process of authorization. Higher stability makes invention patents have greater commercial value in cooperation.
4, the protection time is long, and the protection period of different types of inventions is different. The protection period of the invention patent right is 20 years, which is longer than the other two kinds of patents from the date of application. In the newly revised patent law, the time limit compensation system has been added to the invention patent. After the protection period, the patent enters the public domain.
5. The object scope is wider, which can be product invention or method invention, while the object of utility model is limited to the shape and composition of the product or the combination of the proposed utility model technical scheme. The manufacturing method cannot apply for a patent for utility model, and in addition, a patent for utility model cannot be produced for products that have nothing to do with shape, structure or their combination.
legal ground
patent law of the people's republic of china
Article 2 All procedures stipulated in the Patent Law and these Detailed Rules shall be handled in written form or other forms stipulated by the patent administration department of the State Council.