Paragraph 1 of Article 22 of the Patent Law stipulates that inventions and utility models that are granted patent rights shall be novel, creative and practical. For novelty and practicality, the requirements of invention and utility model are the same, but the requirements of creativity are different.
According to the third paragraph of Article 22 of the Patent Law, creativity means that compared with the existing technology, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. It can be seen that the invention needs creativity more than the utility model.
Patent type:
According to the provisions of China's patent law, patents are divided into inventions, utility models and designs.
Invention refers to a new technical scheme proposed for a product, method or its 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.
According to China's patent law, the protection period of invention patents is 20 years, and that of utility model and design patents is 10 years, counting from the date of application. The patent law of design 20 19 is being revised and may be changed to 15.