What is a structural patent? How to distinguish the similarities and differences of three kinds of patents in China?
What is a structural patent? Generally speaking, we know that there are three kinds of patents in China, including invention patents, utility model patents and design patents. However, it is very important to distinguish the relationship between these three patents, and it is necessary to deeply understand the meaning of these three patents. The so-called structural patent generally refers to utility model patent, and there are still some differences between utility model patent application and invention patent application and design patent application. What is a structural patent? The utility model patent is one of the three types of patents. Utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. The patent law requires lower creativity and technical level of utility model than invention patent, but it has great practical value. In this sense, utility models are sometimes called small inventions or small patents. The utility model patent here only emphasizes the structural shape. Invention as mentioned in the patent law refers to a new technical scheme proposed for a product, method or its improvement. Design patent is a new design that is aesthetically pleasing and suitable for industrial application, which is made for the shape, pattern, color or their combination of products. The new design can be a graphic design of lines, patterns or colors, or a three-dimensional modeling of the product. So the concept between them is different. The utility model patent corresponds to the machine structure patent, and the invention patent mainly emphasizes a method and technology patent, while the application for the appearance patent is mainly about the product's appearance design, artistic design of appearance, etc., although the structure patent talks about shape. It takes 2-3 years to apply for an invention patent, but the utility model patent is basically within one year, and the appearance patent is also within one year; In the examination, the invention patent needs substantive examination, and the other two do not.