An invention patent refers to a new technical scheme proposed for a product, method or its improvement. Such as the manufacturing method or technology of products, the formula of materials, the formula of drugs, etc.
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 structure, shape or combination of structure and shape of any product shall apply for a patent for utility model.
"New technical scheme" is mentioned in both invention and utility model patents. Simply put, you must be creative, be advanced than the existing technology, and lag behind the existing technology, so you can't apply for a patent.
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 "appearance" emphasized here is the appearance. For example, handicrafts, packaging boxes, packaging bags and packaging boxes all belong to design. In recent years, the city has applied for a considerable number of design patents, accounting for 80% of the total number of patent applications.
It should be noted that the starting date of the patent protection period is calculated from the date of application, not from the date of patent authorization.
Legal basis: Article 42 of the Patent Law has a term of 20 years for invention patents and 10 years for utility model patents and design patents, counting from the date of filing.