1. Invention patent: An invention patent refers to a new technical scheme proposed for a product, method or its improvement, which is an innovative achievement with high originality. In the application for a patent for invention, the applicant needs to submit detailed patent applications, specifications, claims and other related documents, and go through strict examination and authorization procedures. Invention patents are usually valid for 20 years and can be fully protected, including combating infringement and safeguarding rights.
2. Patent for utility model: A patent for utility model refers to a new technical scheme for the shape, structure or combination of products, which is a relatively simple innovation. Compared with invention patents, utility model patents have lower application requirements and simpler examination procedures. The validity period of utility model patent is usually 10 year, and it also has the corresponding protection function.
3. Design patent: Design patent refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern or combination of products, and is an innovative achievement characterized by aesthetics. In the application for a patent for design, the applicant needs to submit relevant documents such as product design drawings or photos, and go through the examination and authorization procedures. The validity period of design patents is usually 10 years, which plays a certain role in protecting the unique appearance of products and preventing infringement.
Patent approval includes:
1. registration system: the patent office only conducts formal examination of patent applications. If the procedures and documents are complete, the patent right will be registered and granted without substantive examination. If the registration system is adopted, the quality of patents is often not high. China's current patent law adopts this method for utility model patents and design patents, which not only relieves the pressure of examination and approval, but also causes the problem that the number of patents is rampant in practice but the quality is generally low.
2. Substantive review system: not only formal review, but also novelty, advancement and practicality of the invention. Substantive examination can ensure the quality of patents, but it needs a large number of high-level examiners, which is easy to cause a large backlog.
3. Deferred review system: the application that has passed the formal review will be published after a certain period of time (such as 18 months) from the date of application, and temporary protection will be given; Several years after publication, the applicant requested the Patent Office to conduct substantive examination. If the applicant fails to submit it within the time limit, the application shall be deemed to have been withdrawn. The adoption of deferred review system can reduce the burden of review work. China implements a deferred examination system for patent examination and approval.
The above contents refer to Baidu Encyclopedia-Patent Law.