1. Protection period
The protection period of invention patents in China is 20 years from the date of filing, and the protection period of utility models and designs is 10 year from the date of filing. The protection period of utility models and designs is much shorter than that of inventions. Because the process of utility model and design is simpler and easier than that of invention and creation, the time to bring benefits into play is much shorter, and the legal provisions on its protection period are correspondingly shorter.
2. Scope of protection
Inventions include product inventions and method inventions. In product invention, the invention can be aimed at both products with a certain shape and utility model patents for products without a specific shape, and it is limited to product invention, and is limited to the technical scheme of utility model put forward for the shape, composition or combination of products. Methods You can neither apply for a patent for utility model nor apply for a patent for utility model for products that have nothing to do with shape, structure or their combination.
I. Invention patents
The definition of invention in the second paragraph of Article 2 of China's Patent Law is: "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.
2. 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 countries' utility model patents protect relatively simple and improved technological inventions, which can be called "small inventions". 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.
Three. design patent
Patent of Design The definition of design in Paragraph 4 of Article 2 of China's Patent Law is: "Design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of color, shape and pattern of a product." And in Article 23 of the Patent Law, the conditions for its authorization are stipulated: "The design that has been granted a patent right does not belong to the existing design; Before the filing date, 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 filing date that "the patent design should be obviously different from the existing design or the combination of existing design features" and "the patent design should not conflict with the legal rights that others have obtained before the filing date".