What is a patent? What are the three types of patents?
What is a patent? Patents are generally documents issued by government agencies or regional organizations representing several countries according to their applications. This kind of document records the contents of the invention and creation, and in a certain period of time, it has produced such a legal state that the patented invention and creation can only be implemented by others with the permission of the patentee. So what are the three types of patents? The above picture shows three types of patents. What are the three types of patents? China's patent law divides patents into three categories, namely invention, utility model and design. Invention patent: Article 2, paragraph 2 of China's Patent Law defines invention as: invention refers to a new technical scheme proposed for a product, method or its improvement. The invention patent does not seek the technical achievements that can be directly applied to industrial production through practice, but it can be a solution to technical problems or an idea with the possibility of industrial application. However, this technical scheme or idea cannot be confused with a simple topic or idea, because a simple topic or idea does not have the possibility of industrial application. Patent for utility model: The definition of utility model in the third paragraph of Article 2 of China's Patent Law is: utility model refers to a new and practical technical scheme for the shape, structure or combination of products. Like the invention, the utility model protects a technical scheme. However, the protection scope of utility model patent is narrow, which only protects new products with a certain shape or structure, and does not protect methods and substances without a fixed shape. The technical scheme of the utility model pays more attention to practicality, and its technical level is lower than that of the invention. Most national utility model patents protect relatively simple and improved technological inventions, which can be called gizmos. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. The patent for utility model is granted without substantive examination, with simple procedures and low cost. Therefore, small inventions about tangible products such as daily necessities, machinery and electrical appliances are more suitable for applying for utility model patents. Design patent: Design patent Article 2, paragraph 4, of China's Patent Law defines design as: 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. And in Article 23 of the Patent Law, the conditions of its authorization are stipulated: the design granted patent right does not belong to the existing design; Before the date of application, no unit or individual has applied to the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the date of application that the patented design should be obviously different from the existing design or the combination of existing design features, and the patented design should not conflict with the legal rights that others have obtained before the date of application. I'm here to introduce three kinds of patents to you, hoping to help you apply for patents.