How to choose the specific category of patent application
This depends on the type of subject matter of the invention and creation project to be completed, the requirements the length of the protection period and a number of other factors. If the invention itself only involves changes in the appearance of the product, you can only apply for a design patent for the invention; if the invention only involves changes in the method and/or product use, you can only apply for an invention patent; and if the invention If the creation also involves changes in the shape, structure or combination of the product, you can apply for an invention or utility model patent.
Specifically, it involves various methods, uses of Products, products with no definite shape, products with simple material replacement, immovable buildings, two Inventions and creations in the fields of electricity, magnetism, light, sound, radiation, or medical devices that combine them, such as a system composed of more instruments or equipment, a simple circuit, or a medical device that directly acts on the human body, cannot be granted a utility model patent, but can only apply for one. Patent. In addition, products that feature only a flat pattern design can only apply for a design patent based on their flat pattern.
If an invention is a product that can apply for both an invention patent and a utility model patent, then which type of patent application should be chosen? This It is directly related to factors such as the length of the patent protection period sought, the speed with which patent rights may be obtained, application fees and the stability of rights.
my country's patent law stipulates that the approval process for invention patents adopts the "early disclosure and delayed review" system, and the patent rights are protected for 20 years. Due to the strict review process, the rights are relatively Stable, the authorization time is relatively longer; and the utility model patent approval process adopts the "authorize first, then request for revocation" review system. Therefore, if the completion of a product invention requires a long period, this should be considered this year Apply for an invention patent; on the contrary, if the invention and creation of a product requires a short period of time, or the product is updated quickly in the market, this has applied for a practical action number. Of course, if you want to obtain patent rights as soon as possible, you should also choose to apply for a utility model.
1. Invention patents
Invention patent refers to an unprecedented, original, novel and practical patented technology or method; it has the highest technical content and value among the three patent types of utility model patents, invention patents and appearance patents, so the protection period of invention patents It is the longest (guaranteed for 20 years).
Invention patents include product patents and method patents.
1. Product invention
Product invention refers to products directly produced by using the technical solution provided by the inventor to solve a specific problem, such as electric lights and telephones. , machines, equipment, instruments, new alloy substances and other inventions. Product patents only protect the product itself, not the manufacturing method of the product.
2. Method invention
Method invention refers to the operating methods and technical processes created to manufacture products or solve a certain technical problem. The "method" here can be a chemical method , mechanical methods, communication methods and methods described in the order specified by the process. Such as papermaking methods, steelmaking methods, printing methods, communication methods, etc. China's patent law stipulates that the protection of method patents extends to imports or use within the territory of our country or Products sold directly obtained by this method. This means that without the permission of the method invention patentee, no unit or individual may use its patented method and use or sell products directly obtained according to this patented method.
As for inventions, there are more detailed classification methods: original inventions, improved inventions, combination inventions, applied inventions, selective inventions, etc.;2. Design patent
Design patent refers to the shape and pattern of the product , color or their combination, which is a new design that is aesthetically pleasing and suitable for industrial application. Article 2 of China's "Implementing Rules for Patent Law" stipulates: "Design refers to the shape, pattern or combination of the product and the The combination of color, shape, and pattern creates a new design that is both aesthetically pleasing and suitable for industrial applications.
3. Utility model patent
Utility model patent refers to The shape, structure of the product or its combination proposes new technical solutions suitable for practical use. The protection period is 10 years.
Utility models are classified according to productProducts can be divided into two types:
(1) One is mechanical products, which are composed of components of different shapes and structures according to various connection methods. Made to achieve certain functions.
(2) The other is module products, which mainly refer to electrical or information-based things. Electronic component modules with different functions are connected in a certain logical order. , to achieve certain functions. In fact, theoretically speaking, it seems that the connection of electronic component modules should not be called having shape and structure, and it seems that it should not be the object of utility model authorization. But in reality, products formed by connecting electronic component modules with circuits in a certain order can apply for utility model patents.
Warm reminder: As the country attaches great importance to intellectual property rights, people's awareness of intellectual property rights is also getting higher and higher. Generally speaking, "new products are launched, patents go first." Awareness has become the default norm for businesses or individuals. Strengthen patent application work and enhance core competitiveness defense mechanisms.
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