The fundamental difference between invention patent and utility model patent The invention mentioned in the invention patent law refers to a new technical scheme proposed for a product, method or its improvement.
(1) The invention is a new technical scheme. Technical scheme refers to the concrete idea of using natural laws to solve a specific technical problem in human production and life, and it is a scheme that uses natural laws and natural forces to produce certain effects. The technical scheme generally consists of several technical features. For example, the technical features of the product technical scheme can be shapes, structures, components, materials, appliances, equipment and devices. Methods The technical features of the technical scheme can be process, steps, flow, time, temperature, pressure, equipment and tools used, etc. The interrelation between various technical features is also a technical feature.
(2) Inventions are divided into product inventions and method inventions. Product inventions include all inventions made by people. Methods Inventions include all methods that make use of natural laws, which can be divided into manufacturing methods and operating methods, such as inventions made in processing methods, manufacturing methods, inspection methods or product use methods. An invention protected by the patent law can also be an improvement of an existing product or method. Most inventions are improvements on the existing technology, for example, new combinations of certain technical features and certain technologies.
Newly selected technical features, etc. As long as these combinations or choices produce new technical effects, they are patentable inventions. The term "utility model" as mentioned in the patent law refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. The similarity between utility model and invention lies in that utility model must also be a technical scheme, not an abstract concept or theoretical expression. The difference between utility model and invention lies in that, firstly, utility model is limited to products with certain shapes, and cannot be methods, such as production methods, test methods, treatment methods and application methods, nor can it be products without fixed shapes, such as drugs, chemicals and cement.
Second, the utility model is not too creative, but it is very practical. Article 2 of the Detailed Rules for the Implementation of the Patent Law stipulates: "Invention as mentioned in the Patent Law refers to a new technical scheme proposed for a product, method or its improvement." It refers to the inventor's ideas and new methods to solve various technical problems created by using the laws of nature.
Article 2 of the Detailed Rules for the Implementation of the Patent Law also stipulates: "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", that is to say, a utility model patent refers to a new scheme for the shape, structure or combination of machines, equipment, devices, appliances or devices, which can manufacture products with practical value or practical use in industry. Compared with invention patents and utility model patents,
First, it is related to the shape, and the scope of protection is narrow;
Second, the invention has the conditions of "outstanding substantive characteristics and remarkable progress", while the utility model only needs to have the conditions of "substantive characteristics and remarkable progress". The level of creativity of utility models is lower than that of inventions, so some people call utility model patents "small inventions" and patent utility models "small patents". The Patent Law stipulates the simplified examination and approval procedure of utility model patent application relative to invention patent. In terms of fees, the fees payable for applying for utility model patents are lower than those for applying for invention patents, and the protection period of utility model patents is shorter than that of invention patents.