1, the utility model patent only protects the product.
According to the second paragraph of Article 2 of the Detailed Rules for the Implementation of the Patent Law, utility model patents only protect products. Products should be entities manufactured by industrial methods, with definite shape and structure, and occupy a certain space. All methods and natural objects that have not been artificially manufactured do not belong to the object of patent protection for utility models.
2, the shape of the product
The shape of a product refers to the definite spatial shape that the product has and can be observed from the outside.
The technical scheme proposed for the product shape can be the technical scheme proposed for the three-dimensional shape of the product. Gaseous, liquid, powdery, granular substances or materials, which have no definite shape, cannot be used as the shape characteristics of utility model products.
(1) Biologically or naturally formed shapes cannot be used as the shape characteristics of products. For example, the shape formed by the growth of plants in plant bonsai can not be used as the shape characteristics of products, nor can the shape of natural rockeries be used as the shape characteristics of products.
(2) The nondeterministic shapes obtained by placing and stacking cannot be used as the shape features of products.
(3) It is allowed that a certain technical feature in a product is a substance with no definite shape, such as gaseous, liquid, powdery and granular substances, as long as it is limited by the structural characteristics of the product.
(4) The shape of the product can be a certain spatial shape under certain circumstances. Such as ice cups and parachutes with novel shapes.
3, the product structure
The structure of a product refers to the arrangement, organization and interrelation of various components of the product.
The product structure can be either a mechanical structure or a circuit structure. Mechanical structure refers to the relative position relationship, connection relationship and necessary mechanical cooperation relationship between the parts that make up the product; Circuit structure refers to the determined connection relationship between components that make up a product.
4. Technical scheme
Technical scheme is a collection of technical means to solve technical problems by using natural laws. Technical means are usually embodied by technical characteristics.
A scheme that does not use technical means to solve technical problems in order to obtain technical effects that conform to the laws of nature does not belong to the object of patent protection for utility models.
5. Practical new technical scheme
Paragraph 2 of Article 2 of the Detailed Rules for the Implementation of the Patent Law is a general definition of utility models that can be protected by patents, rather than a specific examination standard for judging novelty, creativity and practicality.
Therefore, in the preliminary examination, the examiner usually only needs to judge whether the technical scheme required to be protected meets the general requirements of "novelty" and "practicality", whether it is improved relative to the background technology, and whether it can be applied in industry and produce beneficial effects.
The utility model patent is also a type of patent, but compared with the invention patent, the protection period of the utility model patent in China is shorter, and the longest one can only be 10 years. It is also required that during the period of 10, the patentee must pay the annual patent fee on time every year, otherwise the protection of the utility model patent will be terminated within 10.
Legal basis:
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.