The Patent Law stipulates the types of patent rights:
Article 2 The inventions and creations mentioned in this Law refer to inventions, utility models and designs.
Invention refers to a new technical solution proposed for a product, method or improvement thereof.
Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.
You can compare the above definitions to determine which of the above definitions your invention meets, and apply according to type.
In addition, a patent application must meet the following conditions before it can be authorized:
Article 22: Inventions and utility models for which patent rights are granted must possess novelty, creativity and practicality.
Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has applied for the same invention or utility model to the patent administration department of the State Council before the application date, and It shall be recorded in patent application documents or published patent documents published after the filing date.
Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress.
Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects.
The term “existing technology” as used in this Law refers to the technology that was known to the public at home and abroad before the filing date.
Article 23
The design for which a patent right is granted shall not belong to an existing design; nor shall any unit or individual submit an application to the State Council for the same design before the date of application. The patent administrative department has filed an application and it has been recorded in the patent documents published after the application date.
The design for which patent rights are granted should be significantly different from existing designs or combinations of existing design features.
The design for which patent rights are granted shall not conflict with the legal rights that others have acquired before the filing date.
The term “existing designs” as mentioned in this Law refers to designs that are known to the public at home and abroad before the date of application.