Article 2 Inventions and creations mentioned in this Law refer to inventions, utility models and designs.
Invention refers to a new technical scheme proposed for a product, method or its improvement.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products.
Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns.
Patent types have different regulations in different countries. The categories stipulated in China's patent law are: invention patents; Patent for utility model; Design patent.
1. An important part of patent type-invention patent
The invention mentioned in the patent law refers to a new technical scheme for a product, method or its improvement, which is a brand-new creation and an important part of a patent. Its characteristics are as follows: firstly, the invention is a new technical scheme. Secondly, inventions can be divided into product inventions and method inventions. Product invention includes all things created by people, and method invention includes all methods created by using natural laws. Methods The invention can be divided into manufacturing method and operation method.
2. The improvement of patent type-utility model patent
The term "utility model" as mentioned in the patent law refers to a new practical technical scheme for the shape, structure or combination of products. The difference between utility model and invention lies in: firstly, utility model is limited to
A product with a certain form cannot be a method or product without a fixed form; Second, the utility model is not too creative, but it is very practical. For example, the shape of a product refers to a certain spatial shape that the product has and can be observed from the outside. The technical scheme proposed for product shape can be the technical scheme proposed for product three-dimensional shape, such as the improvement of cam shape and cutter shape; It can also be a technical scheme of two-dimensional shape of products, such as the improvement of sectional shape of profiles.
3. External technology in patent type-design patent
Design refers to the design of industrial products, which is the style of industrial products. It is completely different from the invention or utility model, that is, the design is not a technical solution. Article 2 of China's Patent Law stipulates: "Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns. Visible, the design patent shall meet the following requirements:
(1) refers to the design of shape, pattern, color or their combination;
(2) It must be the design of product appearance;
(3) it must be beautiful;
(4) It must be suitable for industrial application.