The fundamental difference between invention patents and utility model patents. Inventions as mentioned in the Patent Law refer to new technical solutions proposed for products, methods or their improvements.
(1) An invention is a new technical solution. A technical solution refers to a specific idea of ??using the laws of nature to solve a specific technical problem in human production and life. It is the use of natural laws and natural forces to produce a certain Effect plan. Technical solutions generally consist of several technical features. For example, the technical features of product technical solutions can be the shape, structure, composition, size, etc. of parts, components, materials, appliances, equipment, devices, etc.; the technical features of method technical solutions can be processes, steps, processes, the time involved, Temperature, pressure, equipment and tools used, etc. The interrelationships between various technical features are also technical features.
(2) Inventions are divided into two major types: product inventions and method inventions. Product inventions include all inventions made from items created by people. Method inventions include all methods that utilize the laws of nature, and can be divided into two types: manufacturing methods and operating methods, such as inventions made on processing methods, manufacturing methods, testing methods or product usage methods. Inventions protected by patent law can also be improvements to existing products or methods. The vast majority of inventions are improvements to existing technologies, such as new combinations of certain technical features, new selections of certain technical features, etc., as long as these combinations or selections produce results New technical effects are inventions that can be protected by patents. Utility Models Utility models as mentioned in the Patent Law refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use. The similarity between a utility model and an invention is that a utility model must also be a technical solution and cannot be an abstract concept or theoretical expression. The difference between utility models and inventions is that, first, utility models are limited to products with a certain shape. They cannot be a method, such as production methods, test methods, processing methods, application methods, etc., nor can they be products without a fixed shape. Products, such as goods, chemicals, cement, etc.;
Second, the creativity requirements for utility models are not too high, but the practicality is strong. Article 2 of the "Patent Law Implementing Rules" stipulates: "The invention referred to in the Patent Law refers to a new technical solution proposed for a product, method or improvement thereof." It refers to the invention created by the inventor's idea and using the laws of nature. new solutions to various technical problems.
Article 2 of the "Patent Law Implementing Rules" also stipulates: "Utility models as mentioned in the Patent Law refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use." , that is to say, a utility model patent proposes a new solution for the shape, structure or combination of machines, equipment, devices, appliances or devices, and the new solution can produce products with practical value or practical use in industry . Compared with invention patents, utility model patents
Firstly, utility models are related to shape and have a narrow scope of protection;
Secondly, the invention has “outstanding substantive features and significant progress” The conditions for a utility model are only “substantial features and significant progress”. Utility models require a lower level of creativity than inventions. Therefore, some people call utility model patents "small invention" patents, and patented utility models are called "small patents." The Patent Law stipulates a simpler approval process for utility model patent applications than for invention patents. In terms of fees, the various fees payable when applying for a utility model patent are lower than those payable when applying for an invention patent. The protection period of a utility model patent is shorter than that of an invention patent.