Article 2 of the Patent Law stipulates the types of patents in my country:
Article 2: The inventions and creations referred to in this Law refer to inventions, utility models and designs.
Invention refers to a new technical solution proposed for a product, method or improvement thereof.
Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.
It can be seen that the two are different types of patents and there is no conflict.
Invention is the main means of protection for patents, protecting products (including new materials) and methods. It is necessary to go through preliminary examination and substantive examination before authorization can be obtained. The authorization period is long, ranging from 2 to 4 years, and some even 7 to 8 years. The protection period is 20 years.
Utility models are based on It is determined by national conditions. For example, countries such as the United States do not have this type of patent, which mainly protects the shape and structure of products, but does not protect methods, new materials, etc. Most of them are mechanical products, which only need to undergo preliminary review to obtain authorization. The intensity of protection It is worse than an invention (for example, the compensation for infringement is less than that of an invention), but the authorization period is shorter, ranging from a few months to one year, and the protection period is 10 years.
Patent authorization is the basic, and the most important thing is Stability. In key areas such as patent infringement, litigation, and licensing, the other party considers stability more. If the stability of your patent is poor, the other party can go to the review board or court to declare the patent invalid (this is a remedy for patent review) ), it is also possible that your patent rights will be invalidated and you will lose your patent rights
Therefore, when applying, for solutions that can apply for inventions and utility models at the same time, it is recommended to apply on the same day (must be on the same day, and in Check the option to apply on the same day in the request, otherwise subsequent applications may not obtain patent rights.) Apply for inventions and utility models. Utility models will be authorized faster and protect the product. If the subsequent invention obtains patent rights, the utility model will be abandoned. New patent rights (this is stipulated by the Patent Law, the same solution can only be granted one patent right), if subsequent inventions cannot obtain patent rights, the utility model will be retained, but its stability is relatively poor
< p>Relatively speaking, the cost of invention is higher than that of new model, and economic factors also need to be considered