Review time: 2-3 years (priority review of invention patents 1 year)
Authorization rate: the national average authorization rate is about 30% (70% of invention patent applications are rejected)
Patent subject: software algorithm, software function, highly creative technical improvement, new products.
The invention of product category is generally the invention of various tangible objects made by people, such as new machines, equipment and devices. The invention of methods is generally a means to change one article or substance into another, such as new manufacturing methods, chemical methods, data processing methods and so on.
Every invention can certainly solve the corresponding technical problems, and the new technical scheme is a collection of technical means to solve technical problems by using natural laws, such as blockchain, data analysis, quantum communication and other technical means. Note that the types and quantity of technical means in the technical scheme are not limited;
Disadvantages of invention patents:
(1) is expensive, and the average cost of applying for 1 invention patent is about 1 ten thousand yuan.
(2) It takes a long time, generally about 2-3 years to get the evaluation results (applying for priority evaluation can speed up the progress).
(3) The authorization is difficult, the audit is strict and the result is uncertain, the rejection rate is high, and the rejection is not refundable.
(4) It is not easy to keep secret, and it is open before review, and there is basically no protection before authorization.
Advantages of invention patents:
(1) government units have high recognition (identify high-tech enterprises, apply for government-funded subsidy projects, and cooperate with government units)
(2) High social recognition and high public relations value can enhance the corporate brand image.
(3) The right is relatively stable, and it is not easy to be declared invalid.
(4) Strive for investment and financing (show the competition barriers to investors)
A patent for utility model refers to a new technical scheme for the shape, structure or combination of products, which is suitable for practical use. The protection period is 10 year. The shape of a product refers to the definite spatial shape that the product has and can be observed from the outside. The technical proposal for product shape can be the technical proposal for product three-dimensional shape, such as the improvement of cam shape and cutter shape.
Review time: 6-8 months
Authorization rate: the national average authorization rate is about 80%. Patent subject: mechanical structure and circuit structure, with some creative technical improvements.
First of all, the object of a utility model must be a product, which does not have a physical method scheme and does not belong to the protection scope of a utility model patent, such as manufacturing method, use method, communication method, processing method and method of using a product for a specific purpose.
Secondly, utility model is a new technical scheme for the shape, structure or combination of products, that is, it must be a new technical scheme for the external shape, internal structure or combination of the two, and a new design for the shape, pattern, color or combination of products simply for aesthetic feeling does not belong to the technical scheme of utility model;
Third, practical, that is, it should have certain practical value and can be manufactured in industry;
Fourthly, the utility model is innovative and belongs to a new "technical scheme".
Advantages of utility model patent:
(1) The application cost is low, only about 30% of the invention patent.
(2) the application time is short, and it only takes 6-8 months from application to authorization.
(3) The authorization rate is high, usually above 80%.
(4) Strong confidentiality, the utility model patent will not be made public before authorization, and it has been protected when it is made public.
(5) The utility model with proper claim scope is not easy to be declared invalid.
Disadvantages of utility model patent:
(1) When defending rights through e-commerce websites or administrative channels, a patent evaluation report is required.
(2) The negative conclusion may appear in the patent evaluation report or be declared (partially) invalid in the invalidation procedure.
As can be seen from the above, if you want to protect a method or its improvement, you can only apply for an invention patent; If you want to protect a product or its improvement, you can apply for a patent for invention or utility model.
What I want to protect is the method, but the method is realized on the physical equipment and belongs to the product. Why can't I apply for a utility model?
In view of this situation, it is generally divided into two situations:
First, the simple application of this method to physical devices can only be realized by algorithms, and the shape and structure of the physical devices themselves have not been improved; This situation is more common in the invention of software methods. The data processing method can be realized by the arithmetic operation of the computer central processor. Even if the method is implemented by a physical device with a computer, it does not belong to the specific product structure of the physical device, that is, the specific product structure of the physical device has not been improved, so it is impossible to apply for a utility model.
Such as the communication method between the mobile terminal and the base station, which interact with each other through wireless signals. The core of the invention is the data processing process between the mobile terminal and the base station, which is essentially a data algorithm and belongs to the method characteristics. It does not improve the specific shape and structure of the mobile terminal and the base station. Although it involves two physical devices, it cannot be used for utility model applications. Note: In the invention patent, mobile terminals and base stations using communication methods can be protected.
A design patent refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern, color or combination of products. The protection period is 10 year. Design refers to the design of industrial products, which is the style of industrial products. Article 2 of the Detailed Rules for the Implementation of China's Patent Law stipulates: "Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns.
Review time: 4-6 months
Authorization rate: the national average authorization rate is about 95%
Patent subject: software UI interactive interface, product modeling, packaging design.
Advantages of appearance patent:
(1) The application fee is low, and the minimum cost of applying for an appearance patent is about 1000 yuan.
(2) the application time is short, and it only takes 4-6 months from application to authorization.
(3) The authorization rate is high, usually above 95%.
(4) strong confidentiality, the design patent will not be made public before authorization, and it has been protected when it is made public. (5) The original design is not easy to be declared invalid.
Appearance patent disadvantages:
(1) When defending rights through e-commerce websites or administrative channels, it is usually necessary to issue a patent evaluation report at the same time.
(2) If the design of others is copied or simply modified, a negative conclusion may appear in the patent evaluation report, or it may be declared invalid in the invalidation procedure.