Does the national invention patent include utility model?

Legal analysis: There are three kinds of patents stipulated in China's patent law: invention patent, utility model patent and design patent.

An invention refers to a new technical scheme proposed for a product, method or its improvement. Method invention divided into product invention and technical scheme. Product invention refers to all inventions that appear in tangible form, that is, using objects to express their inventions, such as machines, equipment, instruments, supplies, etc. Method invention refers to the invention that the technical scheme provided by the inventor is aimed at a certain substance to produce new technical effects. Methods The technical scheme of the invention was expressed by operation mode and technological process. Utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. The utility model patent only protects products with certain shapes, and products and methods without fixed shapes and designs featuring simple plane patterns are not protected here. Because utility model patents and applications have the characteristics of no substantive examination, short approval period and low cost, the number of applications for this type of patents accounts for 2/3 of the total number of patent applications. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, that is, the style of the product. It also includes designs featuring simple plane patterns.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 2 Inventions and creations mentioned in this Law refer to inventions, utility models and designs.

Invention refers to a new technical scheme proposed for a product, method or its improvement.

Utility model refers to a new practical technical scheme for the shape, structure or combination of products.

Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.

Article 3 The patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law.

The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.