Article 2 Invention-creation as mentioned in this Law refers to 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 that is aesthetically pleasing and suitable for industrial application, which is based on the shape, pattern or their combination of products and the combination of color, shape and pattern.
interpretation this article is about the object of patent right, that is, the scope of invention-creation that can be protected by patent.
according to the provisions of this article, inventions that can be protected by patents include:
1. Inventions in the sense of patent law have specific meanings. According to the definition of invention in the Model Law on Inventions in Developing Countries drafted under the auspices of the World Intellectual Property Organization, invention is an inventor's idea and a technical scheme to solve specific problems in practice by using natural laws. The invention mentioned in this Law refers to a new technical scheme proposed for a product, method or its improvement. It mainly includes product invention and method invention. Product invention refers to the invention of all kinds of tangible goods made by people, such as the invention of new machines, equipment, materials, tools and appliances. Method invention refers to the invention of means used to change one article or substance into another, such as the invention of new manufacturing methods, chemical methods and biological methods. Because invention is a technical scheme that can produce a brand-new product or method, and it is an invention with high scientific and technological content and creativity, the patent laws of all countries regard invention as the basic object of patent protection.
2. utility model. The term "utility model" as mentioned in this law refers to a new technical scheme that is suitable for practical use for the shape, structure or combination of products. According to this provision, the utility model mentioned in the patent law should have the following characteristics: first, the object of utility model must be a product. Natural articles that are not processed and manufactured, as well as all related methods, including the manufacturing method, use method, communication method, treatment method and the method of using the products for specific purposes, do not belong to the protection scope of the patent for utility model. Secondly, the utility model is a new technical scheme for the shape, structure or combination of products, that is, it must be the external shape, internal structure or the combination of the two. The new design of the shape, pattern, color or their combination of products solely for the purpose of aesthetic feeling does not belong to the technical scheme of utility model. Third, the utility model must be practical, that is, it should have certain practical value and can be manufactured in industry. Fourthly, the utility model must be "new", that is, it has certain innovation and belongs to a "new technical scheme". Because the utility model must be a new technical scheme, its essence is also an invention, but its creativity and technical level are lower than the invention patent. Therefore, the invention of utility model is usually called "small invention", and the patented utility model is called "small patent".
3. Design. According to the provisions of this law, design refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern, color or their combination of products. According to this definition, the design protected by patent should have the following characteristics: First, the carrier of the design must be the product. Product refers to any article produced by industrial methods. Handicrafts, agricultural products, livestock products and natural objects that cannot be produced repeatedly cannot be used as the carrier of design. Second, it is the shape, pattern or their combination or their combination with color that constitutes the design. The color of the product cannot independently constitute the design. The combinations that can constitute the design are: the shape of the product; The pattern of the product; The shape and color of the product; Patterns and colors of products; The shape, pattern and color of the product. Third, the design can be applied to industry and form mass production. Fourthly, the appearance design is a new design scheme with aesthetic feeling. In line with the above characteristics, a patent right for design may be granted upon the application of the patentee. However, according to the provisions of Article 25 of the newly revised Patent Law, the design that mainly serves as a logo for the pattern, color or the combination of the two of the printed matter is not granted a patent right, but can be protected through legal systems such as trademarks and copyrights.