patent of invention
You may apply for a patent for invention for a new technical proposal or improvement of a product or method; The definition of invention in the first paragraph of Article 2 of China's Patent Law is: "Invention refers to a new technical scheme proposed for a product, method or its improvement."
The so-called products refer to all kinds of new products that can be manufactured in industry, including solids, liquids and gases with certain shapes and structures. The so-called method refers to the method of processing raw materials and making various products. The invention patent does not seek the technical achievements that can be directly applied to industrial production through practice, but it can be a solution to technical problems or an idea with the possibility of industrial application. However, this technical scheme or idea cannot be confused with a simple topic or idea, because a simple topic or idea does not have the possibility of industrial application.
Utility model patent
According to the shape, structure or combination of products, you can apply for a patent for utility model.
The definition of utility model in the second paragraph of Article 2 of China's Patent Law is: "Utility model refers to a new and practical technical scheme for the shape, structure or combination of products." Like the invention, the utility model protects a technical scheme. However, the scope of patent protection for utility model is relatively limited, which only protects new products with a certain shape or structure, and does not protect methods and substances without a fixed shape. The technical scheme of the utility model pays more attention to practicality, and its technical level is lower than that of the invention. Most countries' utility model patents protect relatively simple and improved technological inventions, which can be called "small inventions".
design patent
A new design that is aesthetically pleasing and suitable for industrial application is made according to the shape, pattern or combination of them, and the combination of color and shape and pattern, and can apply for a patent for design.
The third paragraph of Article 2 of China's Patent Law defines appearance design as: "Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns." And the conditions of its authorization are stipulated in Article 23 of the Patent Law. "The design that has been granted a patent right does not belong to the existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date. " Compared with the previous patent law, the newly revised patent law has higher requirements for design.
Appearance design is obviously different from invention and utility model. Appearance design focuses on the designer's artistic and aesthetic creation of the appearance of a product, but this artistic creation is not a simple handicraft, it must be practical for industrial application. In essence, design patents protect artistic creativity, while invention patents and utility model patents protect technical creativity; Although the design and utility model are related to the shape of the product, they have different purposes. The former aims to make the appearance of products beautiful, while the latter aims to make products with appearance solve a technical problem. For example, if the shape, pattern and color of an umbrella are quite beautiful, it is necessary to apply for a design patent. If the umbrella handle, umbrella ribs and umbrella head are simple and reasonable in structural design, can save materials and have durable functions, you should apply for a patent for utility model.
Due to different patent categories, the submitted materials are also different.
Materials to be provided by the applicant for a patent for appearance:
(1) Six product drawings or photos (take pictures when necessary);
(2) Copies of the identity certificates of the applicant and inventor submitted by individuals; The company applies to submit a copy of the business license and organization code certificate (with official seal);
(3) the contact information of the applicant
Materials to be provided by the applicant for a patent for utility model:
1. A copy of the identity certificate of the applicant and inventor shall be submitted for an individual application; The company applies to submit a copy of business license and organization code certificate (with official seal).
2, product technical disclosure instructions
3. Product drawings (CAD drawings and appearance drawings of products)
Materials to be provided by the applicant for a patent for invention:
1. A copy of the identity certificate of the applicant and inventor shall be submitted for an individual application; The company applies to submit a copy of business license and organization code certificate (with official seal).
2, product technical disclosure instructions
3. Product drawings (CAD drawings and appearance drawings of products)