According to the provisions of China's patent law, there are three kinds of inventions that can be protected by patents: inventions, utility models and designs. Therefore, the invention patent belongs to a kind of patent in our country.
Second, the issue of the duration of protection.
The term of protection of the patent right for invention is twenty years, counting from the date of application, and the term of protection of the patent right for utility model and design is ten years, counting from the date of application.
Third, the issue of creativity.
According to the provisions of the Patent Law, inventions and utility models granted patent rights should be novel, creative and practical. In terms of novelty and practicality, the invention is the same as the utility model, but in terms of creativity, the invention is different from the utility model. According to the provisions of the patent law, invention-creation refers to the outstanding substantive characteristics and remarkable progress compared with the existing technology before the filing date.
IV. Examination and approval procedures
The examination and approval procedures of an application for a patent for invention include five stages: acceptance, preliminary examination, publication, actual examination and authorization, which are more than the two procedures of publication and actual examination of an application for a utility model.