What is the protection scope of utility model patent?
The protection scope of utility model patent is also a kind of patent type, but compared with invention patent, the protection period of utility model patent in China is shorter, and the longest is only 10 year. So what is the scope of protection of utility model patents? Scope of protection of utility model patent Scope of protection of utility model patent: Utility model patent only protects products. According to the second paragraph of Article 2 of the Detailed Rules for the Implementation of the Patent Law, utility model patents only protect products. Products should be entities manufactured by industrial methods, with definite shape and structure, and occupy a certain space. The scope of protection of utility model patent: 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 the product shape can be the technical scheme proposed for the three-dimensional shape of the product. There is no product with definite shape. (1) Biologically or naturally formed shapes cannot be used as the shape characteristics of products. (2) The nondeterministic shapes obtained by placing and stacking cannot be used as the shape characteristics of products. (3) The technical characteristics of the product allow it to be a substance with no definite shape. (4) The shape of the product can be a certain spatial shape under certain circumstances. Such as ice cups and parachutes with novel shapes. Scope of protection of utility model patent: product structure refers to the arrangement, organization and relationship of various components of a 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 the parts that make up the product; Circuit structure refers to the determined connection relationship between components that make up a product. Scope of patent protection of utility model: technical scheme A technical scheme is a collection of technical means to solve technical problems by using natural laws. Technical means are usually embodied by technical characteristics. A scheme that does not use technical means to solve technical problems in order to obtain technical effects that conform to the laws of nature does not belong to the object of patent protection for utility models. Scope of patent protection for utility model: a new technical scheme suitable for practical use. Paragraph 2 of Article 2 of the Detailed Rules for the Implementation of the Patent Law is a general definition of a patentable utility model, not a specific examination standard for judging novelty, creativity and practicality.