A patent in a broad sense usually refers to:
1, the patent right granted by the national patent authority;
2. Patented inventions and creations;
3. The official certificate of granting the patent right issued by the state, that is, the patent certificate. Patent in a narrow sense only refers to patent right. In this sense, patent is essentially the abbreviation of patent right. Specifically, it is an exclusive invention or design scheme with the characteristics of exclusiveness, regionality and timeliness.
As can be seen from the definitions of the two, the application objects of invention patent and utility model patent protection are different, and the protection objects of invention patent can be technical schemes such as materials, uses, production processes and structures; The protection object of the utility model can only be the technical scheme based on the shape and structural characteristics. The specific differences are as follows:
1, review stage
Invention patents need substantive examination before they can be authorized, while utility model patents have no substantive examination process.
2. Protection period
The protection period of invention patents is 20 years, and that of utility model patents is 10 year.
3. Authorization time
It takes about 2-3 years for invention patents to be granted, and about 6- 10 months for utility model patents to be granted.
4. Application fee (taking official fee as an example)
The official fee for an application for a patent for invention is 3,400 yuan, while the patent for utility model only needs 500 yuan.
Invention patent: An invention patent refers to a patent applied for a product, method or its improved new technical scheme.
What materials should I prepare to apply for a national invention patent?
1. Claim: The description of the claimed invention refers to the substantive technical features of the invention.
2. Description: Summarize the invention (within 300 words).
3. Description: Description of the technical field to which the present invention belongs; Explain the background related to the invention; Explain the purpose of the present invention; The technical scheme of the invention is explained in detail; Explain the effect and advantages of this technical scheme; Relevant experiments and data prove its effect and advantages.
Legal basis: Article 39 of the Patent Law of People's Republic of China (PRC). If the application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.