1. Invention: Invention refers to a new technical scheme proposed for a product, method or its improvement. The invention must be a technical scheme, the result of the inventor's application and combination of natural laws in a specific technical field, not the natural laws themselves. Inventions are usually intellectual achievements in the natural sciences, and achievements in the fields of literature, art and social sciences cannot constitute inventions in the sense of patent law.
2. Utility model: Utility model refers to a new practical technical scheme for the shape, structure or combination of products. The utility model mainly aims at the innovation of product shape, structure or their combination, and pays attention to practicality, implementation and feasibility. The utility model patent is an improvement on the existing technology, which can be an innovation in shape, structure, material or technology.
3. Appearance design: Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of color, shape and pattern of the product. Appearance design mainly focuses on the appearance, pattern and color of products, which embodies the creativity and aesthetics of innovators.
Characteristics of patent law protection:
1. exclusivity or exclusivity: in a certain time and area, no unit or individual may exploit its patent without the permission of the patentee. This is the core content of patent law protection, aiming at protecting the rights and interests of patentees and encouraging innovation.
2. Intangible property right: patent right is an intangible property right, which protects the ideas and contents of invention and creation, rather than material entities. This means that the patentee can control and use his inventions, while others may not use them without permission.
3. Duality: Patent rights include both the nature of some personal rights (such as the right of signature) and the content of property rights. But the trademark right is an exception, it only protects property rights, not personal rights.
4. Exclusive right: The patent right is exclusive to the right subject. Without the consent of the right holder or special provisions of the law, no one except the right holder may enjoy or use this right.
5. Regionality and timeliness: The regionality of patent protection refers to the spatial (national) restriction of patent protection right. The timeliness of patent protection means that the protection period of invention patent is 20 years, utility model patent is 10 year, and design patent is 10 year.