The purpose of protecting utility model patents is to encourage small inventions with low cost and short development cycle, and to adapt to the needs of economic development more quickly without substantive examination. The utility model patent protects the actual product. The utility model is not too creative, but practical. In the examination and approval of patent rights, it is necessary to simplify the examination and approval procedures, quickly authorize, shorten the protection period and lower the charging standard. Patent Law Article 2 Invention-creation as mentioned in this Law refers to inventions, utility models and designs. Ming refers to the new technical scheme proposed for products, methods or their 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.
Legal objectivity:
Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) Article 41 If the patent applicant refuses to accept the decision of the the State Council Patent Administration Department to reject the application, he may request a reexamination to the the State Council Patent Administration Department within three months from the date of receiving the notice. After the review, the patent administration department in the State Council shall make a decision and notify the patent applicant. If the patent applicant refuses to accept the reexamination decision of the patent administrative department of the State Council, he may bring a lawsuit to the people's court within three months from the date of receiving the notice.