A patent is a document issued by a patent institution according to an invention application, which describes the content of the invention and produces a legal state, that is, a patented invention can only be used with the permission of the patent owner, and the protection of the patent is limited by time and region. China's patent law divides patents into three categories, namely invention, utility model and design.
Article 45 of the Patent Law of People's Republic of China (PRC) stipulates that the term of the invention patent right is fifteen years, counting from the date of application. The term of patent right for utility model and design is five years, counting from the date of application. Before the expiration, the patentee may apply for a three-year extension. Where the patentee enjoys priority, the term of the patent right shall be counted from the date of China's application.
According to Article 22 of the Patent Law of People's Republic of China (PRC), inventions and utility models that are 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.
Extended data:
Invention patent: the inventor can only apply to the patent office for this technical scheme and pass a series of strict examinations, especially the examination of novelty, creativity and practicality; Grant a patent right to an application for a patent for invention that meets the requirements. The applicant should also go through the registration formalities on schedule and pay the annual fee for the current year, so that the application for a patent for invention can formally become an invention patent with various patent attributes.
Patent for utility model: A patent for utility model, also known as a small invention or patent, is the object of patent right and the object of patent law protection, and refers to a utility model that should be granted patent right according to law. Utility model usually refers to a new practical technical scheme for the shape, structure or combination of products. Features of utility model patents:
1, the utility model patent only protects the product. Products should be manufactured by industrial methods and occupy a certain space. The utility model is limited to products with a certain shape, and cannot be a method or product without a fixed shape; All related methods (including the use of products) and natural objects that have not been artificially manufactured are not protected by utility model patents.
2. The creativity of the utility model is not too high, but it is practical and has great practical value.
3. Protect the patent right by simplifying the examination and approval procedures, shortening the protection period and lowering the charging standard.
Design patent: a new design of a product's shape, pattern, color or their combination, which is aesthetic and suitable for industrial application. Design refers to the design of industrial products, which is the style of industrial products.
Usually, the combinations that can constitute a design are: the shape of the product; The style of the product; The shape and pattern of the product; The shape and color of the product; Patterns and colors of products; The shape, pattern and color of the product.
Baidu Encyclopedia-People's Republic of China (PRC) Patent Law