It should be noted that some China versions of utility model patents have been translated into utility model patents, but they need to be confused with utility model patents in China. In fact, there is no patent for utility model in the United States. Anyone who applies for a patent for utility model in China shall also submit an application for a patent for invention in the United States.
1. Invention patent (utility model patent)
This type of patent covers new and useful processes, material components, machines and products. Patents can also be obtained by making new and useful improvements to existing processes, material compositions, machines and manufacturing. Process refers to any behavior or method of doing something, usually involving industrial or technical processes. The composition of a substance is basically a chemical composition, which may include a mixture of components or new compounds. Machines include things that are usually defined as machines, such as computers, while products are defined as finished products. The term of protection of the invention patent is 20 years from the date of application.
2. Design patents
Design is defined as the "surface decoration" of an object, which can include the shape or structure of the object. In order to obtain this kind of patent protection, design must be inseparable from the object. Although an object and its design must be inseparable, the design patent only protects the appearance of the object. In order to protect the functional or structural features of an article, an invention patent must also be applied. The protection period of a design patent (applied after May 20 13 15) is from the date of authorization 15 years.
3. Plant patents
Patents on plants can be obtained to protect new and unique plants. Some requirements for obtaining such patents are that the plant is not a tuber propagation plant (such as Irish potato), the plant is not found in an uncultured state, and the plant can reproduce asexually. Asexual reproduction means that plants reproduce not with seeds, but by grafting or cutting plants. Plant patents need asexual reproduction, because this is the proof that patent applicants can reproduce plants. The term of protection of plant patents is 20 years from the date of application.