1. An invention patent refers to a new technical scheme proposed for a product, method or its improvement.
2. 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.
3. Design patent refers to a new design which is aesthetically pleasing and suitable for industrial application based on the shape, pattern or their combination of products and the combination of colors, shapes and patterns.
Question 2: What kinds of patents 1 are there in China? An invention patent refers to a new technical scheme proposed for a product, method or its improvement.
2. 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.
3. Design patent refers to a new design which is aesthetically pleasing and suitable for industrial application based on the shape, pattern or their combination of products and the combination of colors, shapes and patterns.
Question 3: What kinds of patents are there?
In China, the object of patent legal relationship, that is, the object protected by the patent law, is collectively referred to as invention-creation, and the patent law clearly stipulates that "the invention-creation mentioned in this law refers to inventions, utility models and designs".
1
Invention as mentioned in the patent law refers to a new technical scheme proposed for a product, method or its improvement.
(1) The technical scheme of the invention is as follows:
The so-called technical scheme refers to the scheme put forward by the inventor to solve a technical problem by using the laws of nature. Therefore, it is not enough to just put forward the topic or the directional idea of solving the topic, and a complete and feasible solution to the topic must be put forward. Technical solution is not the same as technology. Although both of them are the results of applying natural laws, creative mental work and adopting necessary material conditions, there are still differences between them. Technology is more specific, which is the result that can be directly applied to industry after practice, but the technical scheme can't reach this level. Of course, "technology" can be patented as an invention, but from the requirements of the patent law, "technical scheme" can already be patented as an invention, that is to say, the invention applying for patent does not necessarily require mature and practical "technology", but it must constitute.
(2) Invention is a new technical scheme.
The so-called new technical scheme refers to the unprecedented innovation of the technical scheme, and this unprecedented period is based on the filing date, that is to say, before the filing date, no identical invention is known to the world and shared by China people.
(3) Inventions can be divided into product inventions, method inventions and improved inventions of products or methods.
Product invention refers to all kinds of new products manufactured artificially, including articles with certain shapes and structures and substances such as solids, liquids and gases. Natural objects in a completely natural state do not belong to product inventions that have not been artificially processed and manufactured as stipulated in the patent law.
The so-called method invention refers to the means and steps adopted to solve a technical problem. Method invention can be mechanical method invention, chemical method invention and biological method invention.
An improved invention refers to the improvement of a known product or method, so as to improve the performance of the known product or the effect of the known method and make it acquire new characteristics or features.
2. utility model
The term "utility model" as mentioned in the patent law refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. From this definition, we can see that:
(1) The utility model patent only protects the product, and the product must have two elements: one is the article; Second, it must go through a certain manufacturing process.
(2) The product protected by the utility model must be an entity with definite shape and structure and occupying a certain space. The shape of a product refers to the definite spatial shape that the product has and can be observed from the outside. 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 the parts that make up the product; Circuit structure refers to the determined connection relationship between components and the microstructure characteristics of products. Uncertain product shape features obtained by placing and stacking, or biological or naturally formed shape features, cannot be used as structural features and shape features of utility model products.
(3) The utility model must be a practical technical scheme. The technical scheme proposed by the applicant for the shape, structure or combination of the product must be practical, that is, the product must be able to be manufactured in industry and produce positive effects.
(4) The utility model must be a new technical scheme. The so-called "new technical scheme" means that the technical scheme has not been known and used by the public before the filing date, nor has it been publicly disclosed in domestic and foreign publications, nor has it published any previous application with the same content in the China Patent Gazette, and the product has not been publicly sold or used in China.
Step 3 design
Design is also called industrial design. The term "design" in China's patent law refers to a new technology that is based on the shape, pattern or combination of products and the combination of color and shape and pattern, and has aesthetic feeling and is suitable for industrial application. According to this definition, the design must have the following elements:
(1) The design must conform to ... >; & gt
Question 4: What are the types of national patents? 1. Types of patent applications in China Patent applications in China can be divided into three types: invention, utility model and design. (1) You can apply for an invention patent for a new technical scheme proposed by a product, method or its improvement; (2) you can apply for a patent for utility model according to the new technical scheme proposed for the shape, structure or combination of products; (3) A new design that is aesthetically pleasing and suitable for industrial application is made according to the shape, pattern or their combination of products and the combination of colors, shapes and patterns, and may apply for a patent for design.
2. China Patent Application Acceptance and Examination Department China Patent Application Acceptance and Examination Department is the Patent Office of China National Intellectual Property Administration, China.
3. Documents to be submitted when applying for a patent To apply for a patent for invention, the application documents shall include: a request for a patent for invention, a specification (if the specification has drawings, it shall be submitted), a patent claim and an abstract (if necessary, drawings) in duplicate. For an application for a patent for invention involving amino acid or nucleotide sequence, the specification shall include a sequence list, which shall be submitted as a separate part of the specification, and the page number shall be written continuously with the specification. At the same time, a CD or floppy disk with an ordered list that meets the requirements of China National Intellectual Property Administration shall be submitted.
To apply for a patent for utility model, the application documents shall include: the request for a patent for utility model, the specification, the appended drawings of the specification, the patent claim, the abstract and the appended drawings of the abstract in duplicate.
To apply for a patent for design, the application documents shall include: a request for a patent for design, pictures or photographs in duplicate. Where color protection is required, color pictures or photographs shall also be submitted in duplicate. If pictures are submitted, two copies shall be pictures; If photos are submitted, two copies are photos, and pictures or photos shall not be mixed. If it is necessary to explain the pictures or photographs, a brief description of the design shall be submitted in duplicate. 4. How to apply for a patent
To apply for a patent, you should submit the necessary application documents and pay the official fee (handling fee) in accordance with the regulations. Patent applications must be handled in written form or electronic application form. Written application documents cannot be replaced by oral explanations or samples or models. In the patent examination and approval procedure, only written documents have legal effect. All formalities should be signed according to regulations, and the signature should be exactly the same as the name filled in the request. The signature shall not be copied. The procedures involving the transfer of rights shall be signed by all applicants, and other procedures may be signed by the applicant's representative; Where a patent agency is entrusted, it shall be signed and sealed by the patent agency. If the formalities need to be accompanied by supporting documents or attachments, the supporting documents and attachments shall be originals or photocopies, and photocopies shall not be used. If there is only one original, you can use a copy, but at the same time you need to attach a certificate that the copy issued by the notary office is consistent with the original.
Question 5: What are the types of patents in China and China?
Invention patent: a new technical proposal for a product, method or its improvement.
Patent for utility model: a new and applicable technical scheme proposed by the shape, structure or combination of products.
Design patent: a design with new aesthetic feeling and practicality made by the shape, pattern, color or their combination of products.
Question 6: How many kinds of patents are there? What is the difference? Article 2 of the newly revised patent law stipulates:
Invention-creation as mentioned in this Law refers 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 with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns.
Question 7: What are the types of patent applications? There are three kinds of patents stipulated in China's patent law: invention patent, utility model patent and design patent.
The invention relate to a method for producing chicken or an improved new technical scheme thereof. 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.
Question 8: What are the types of patents in China? 1. An invention patent refers to a new technical scheme proposed for a product, method or its improvement. 2. 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. 3. A patent for 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 the combination of colors, shapes and patterns.