Patents mentioned in China's patent law include invention patents, utility model patents and design patents.
An invention patent refers to a new technical scheme proposed for a product, method or its improvement.
A patent for utility model refers to a new technical scheme for the shape, structure or combination of products, which is suitable for practical use.
Design patent refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern, color or combination of products.
Second, the conditions for granting the patent right
Inventions and utility models granted patent rights should be novel, creative and practical.
Novelty means that before the filing date, no identical invention or utility model has been published in publications at home and abroad, used in China or known to the public in other ways, and no identical invention or utility model has been applied to the Patent Office by others and recorded in the patent application documents published after the filing date.
Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
The design that has been granted a patent right shall be different from or not similar to the design that has been published in domestic and foreign publications or used publicly in China before the date of application.