News source of Intellectual Property Network: Dejin Peter released at 2017-1-2214:19: 35.
Firstly, the invention:
Invention as mentioned in the patent law refers to a new technical scheme proposed for a product, method or its improvement.
1. The invention is a new technical scheme;
Technical scheme refers to the concrete idea of using natural laws to solve a specific technical problem in human production and life, and it is a scheme that uses natural laws and natural forces to make it produce certain effects. The technical scheme generally consists of several technical features. For example, the technical features of the product technical scheme can be shapes, structures, components, materials, appliances, equipment and devices. Methods The technical features of the technical scheme can be process, steps, flow, time, temperature, pressure, equipment and tools used, etc. The interrelation between various technical features is also a technical feature.
2. Inventions are divided into product inventions and method inventions.
Product inventions include all inventions made by objects created by people.
Methods Inventions include all methods that make use of natural laws, which can be divided into manufacturing methods and operating methods, such as inventions made in processing methods, manufacturing methods, inspection methods or product use methods.
An invention protected by the patent law can also be an improvement of an existing product or method. Most inventions are improvements on the existing technology, such as new combinations of certain technical features and new choices of certain technical features. As long as these combinations or choices produce new technical effects, they are inventions that can be protected by patents.
Second, the utility model:
The term "utility model" as mentioned in the patent law refers to a new technical scheme suitable for practical use for the shape, structure or combination of products.
The similarity between utility model and invention lies in that utility model must also be a technical scheme, not an abstract concept or theoretical expression. The difference between utility model and invention lies in that, firstly, utility model is limited to products with certain shapes, and cannot be methods, such as production methods, test methods, treatment methods and application methods, nor can it be products without fixed shapes, such as drugs, chemicals and cement. Second, the utility model is not too creative, but it is very practical.
Third, design:
Appearance 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.
Fourth, the difference between the three:
1. From the definition level;
1. From the definition of invention and utility model in the Detailed Rules for the Implementation of the Patent Law, invention refers to a new technical scheme for a product, a method or its improvement, and utility model refers to a new practical technical scheme for the shape, structure or combination of a product. It can be seen that the invention can protect more subjects than the utility model, and the utility model patent can only protect the structural aspects (including the layer structure), but not the methods and materials, while the invention patent can protect the methods and materials in addition to the structural aspects.
Both design and utility model involve the shape of the product. The difference between the two is that the utility model is a technical scheme, and the shape involved is considered from the technical effect and function of the product; Appearance design is a design scheme, and the modeling involved is considered from the perspective of product aesthetics. Appearance design is a decorative or artistic design about the appearance of products, which can be plane pattern or three-dimensional modeling or a combination of the two.
2. From the perspective of patent application examination;
To apply for a patent for invention or utility model, a request, specification, abstract of specification, patent claim and other documents shall be submitted; The specification shall give a clear and complete description of the invention or utility model, subject to the realization of ordinary technicians in the technical field. To apply for a design patent, you only need to submit a request and related pictures or photos.
In addition, the application for invention patent needs substantive examination, that is, patentability examination, which is relatively strict, while the application for utility model patent and design patent is only a formal examination, and does not involve patentability examination. In other words, utility model patents and design patents will be granted as long as the documents are not wrong (obviously wrong).
3. From the review cycle;
Judging from the review cycle, the review cycle of invention patent application is long, 3 or 5 years is normal, and the review time of utility model patent and design patent application is short, ranging from a few months to a year.
4. From the perspective of the stability of patent right;
From the point of view of the stability of patent right, the invention is subject to substantive examination, so once the patent right is obtained, its right is relatively stable and not easy to be declared invalid, while the utility model and design patent are not subject to substantive examination, even if the patent right is obtained, its right is very unstable and easy to be declared invalid.
5. Based on patent protection;
The scope of protection of the invention patent or utility model patent shall be subject to the "claims" in the application. The drawings and descriptions in the application can be used to explain the claims. The scope of protection of the design patent shall be subject to the products of the design patent reflected in the pictures or photographs indicated in the application.
6. From the perspective of protection period;
From the perspective of protection period, the protection period of invention is 20 years, while the protection period of utility model patent and design patent is 10 year.
(Zhuo Yi Intellectual Property)