Patent is the abbreviation of patent right. Refers to the exclusive rights granted by the State Patent Office to inventors, designers or their subordinate units within a certain period of time in accordance with the provisions of the Patent Law.
How to protect patents?
A new invention can only be protected by law if it is patented.
How to classify patents?
There are three kinds of patents: invention, utility model and design.
Invention patent: refers to a new technical scheme proposed for a product, method or its improvement. An invention that can be patented can be a product invention or a method invention.
Patent for utility model: refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. An application for a patent for utility model must be a product patent application.
Design patent: a new design of a product's shape, pattern, color or their combination, which is aesthetic and suitable for industrial application. The new design can be a graphic design of lines, patterns or colors, or a three-dimensional modeling of the product.
What kind of invention can be patented?
Patent applications must be novel, creative and practical. For example, pharmaceuticals and chemical products can apply for invention patents; A minor innovation or invention in structure can apply for a patent for utility model; Moreover, novel product shapes, packaging boxes and packaging bags can all apply for design patents.
How long does it take from filing an application to obtaining a patent certificate?
An application for a patent for invention can generally receive a notice of authorization in more than 3 years.
Utility model patents can generally receive authorization notices in12-1July.
General design patents can receive authorization notice within 8- 12 months.
After receiving the authorization notice, the date of paying the certificate fee shall prevail, and the patent certificate can be obtained one and a half months after paying the fee.
How long is the duration of patent protection?
The term of protection of the invention patent is 20 years from the date of application.
The protection period of utility model and design patent is: from the date of application 10 year.