Invention patent refers to an unprecedented patented technology or method with originality, novelty and practicality; Among the three patent types, utility model patent, invention patent and appearance patent have the highest technical content and value, so the protection period of invention patent is the longest (20 years).
type
Invention patents include product patents and method patents.
1, product invention
Product invention refers to the products directly produced by the technical scheme provided by the inventor to solve specific problems, such as electric lights, telephones, machines, equipment, instruments, new alloy substances and other inventions. Substances that are in a natural state without human processing are not product inventions, such as natural gems and minerals. After a product invention is patented, it is called a product patent, which only protects the product itself and does not protect the manufacturing method of the product.
2. Method invention
Method invention refers to the operation method and technological process created for manufacturing products or solving a technical problem. Here? Method? , which can be chemical methods, mechanical methods, communication methods and methods described in the order specified by the process. Such as papermaking, steelmaking, printing and communication. A method invention is called a method patent after it is patented. According to the Patent Law of our country, the protection scope of method patent extends to the products directly obtained by this method and imported or used or sold in China. This means that no unit or individual may use the patented method and use or sell the products directly obtained according to the patented method without the permission of the patentee of the method invention.
There is a more detailed classification method about inventions:
It is worth noting that some patent applicants want to draw a wide range of patent protection for their inventions, but there are not enough examples to support them, so it is easy for others to choose inventions on the basis of the original inventions. The above introduction of invention patents is a little more complicated, but it is necessary, because among the protected objects stipulated in China's patent law, the requirements for inventions are the highest and strictest, and it is quite difficult for an invention to obtain the invention patent right instead of the utility model or design patent right through strict examination by the patent administration department of the State Council. Therefore, in China's patent applications, the proportion of invention patents is relatively small, only accounting for more than 10% of all applications.
1, the first invention
A groundbreaking invention is also called a groundbreaking invention. This refers to a brand-new technical scheme, which has no precedent in the history of technology at home and abroad. This invention has created a new milestone for the development of human science and technology, and it is an absolutely novel invention. For example, inventions such as compass, printing, steam engine, electric light and telephone have left brilliant footprints in the history of human invention and are groundbreaking inventions.
2. Improved inventions
An improved invention refers to an improved technical scheme to improve its performance and make it have new functions while maintaining its unique performance on the basis of the existing technology. Compared with the original invention, the improved invention depends more on the technical achievements of predecessors. Most inventions belong to improved inventions.
3. Combinatorial invention
Combinatorial invention refers to a technical scheme that combines some known technical features to achieve new goals. For example, the engine, tires, carriage and steering wheel are combined into a car, so that the combined result has a completely different technical effect from the original four components. In the modern society with increasingly advanced technology, combinatorial invention is more important and indispensable. The recombination of the original products or methods and the flexible application of the original technology can sometimes produce unexpected effects and even raise the existing technology to a new stage.
Step 4 Apply the invention
Applied invention refers to the invention produced by applying the known technology in a certain technical field to a new field. This new application can also produce unexpected technical effects. For example, washing powder is a well-known detergent. Some people have studied some characteristics of washing powder, and feeding pigs as feed in animal husbandry can achieve the purpose of fattening. This new use of washing powder is an application invention.
5. Selective invention
Selective invention refers to the invention of choosing a technical scheme from many public technical schemes. Selective invention is a common form of invention in the field of chemistry. For example, at standard atmospheric pressure, 50? ~ 100? C, the output of substance A is usually increasing, but according to further experiments, if it is set to 0? ~80? C, the output of substance a increased significantly. The invention is a selective invention in a wide temperature range.
Second, the design patent
A design patent refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern, color or combination of products. Design refers to the design of industrial products, which is the style of industrial products. It is completely different from the invention or utility model, that is, the design is not a technical solution. Article 2 of the Detailed Rules for the Implementation of China's Patent Law stipulates that appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of colors, shapes and patterns of products.
Requirements of design patent
1. refers to the design of shape, pattern, color or their combination;
2. It must be the design of product appearance;
3. Must be aesthetic;
It must be suitable for industrial application.
Scope of protection of design patent
? The patented design product shown in the picture or photo shall prevail? . This provision shows that the scope of protection of the design patent right is based on pictures or photographs reflecting the product design. What needs to be explained is, what does the patent right of design protect? Patented design products in pictures or photographs? The scope of, should be the scope of similar products; Not the same product, even if the design is the same, can not be considered as infringement of patent rights.
Third, the utility model patent
A patent for utility model refers to a new technical scheme for the shape, structure or combination of products, which is suitable for practical use. The protection period is 10 year.
The shape of a product refers to the definite spatial shape that the product has and can be observed from the outside. The technical scheme proposed for product shape can be the technical scheme proposed for product three-dimensional shape, such as the improvement of cam shape and cutter shape; It can also be a technical scheme of two-dimensional shape of products, such as the improvement of sectional shape of profiles.
The structure of a product refers to the arrangement, organization and interrelation of various components of the product. The product structure can be either a mechanical structure or a circuit structure. Mechanical structure refers to the relative position relationship, connection relationship and necessary mechanical cooperation relationship between components that make up a product, and circuit structure refers to the determined connection relationship between components that make up a product.
type
According to different products, the utility model can be divided into two types:
(1) One is a mechanical product, which is composed of parts with different shapes and structures in various connection ways and can realize certain functions.
(2) The other is modular products, which mainly refer to electrical or information things. Electronic component modules with different functions are connected in a certain logical order to realize certain functions. In fact, in theory, it seems that the connection of electronic component modules should not be called shape structure, and it seems that it should not be the authorized object of utility models. However, in reality, products made of electronic component modules connected by wires in a certain order can apply for utility model patents.