Is the application for an invention patent a utility patent or an invention patent?

The first is invention Patents, which mainly focus on products, methods or innovative technical solutions resulting from their improvement; the second is utility model patents, which mainly focus on the structural form, construction method and combination of products. The formation of new technical solutions with actual use value; finally, there are design patents. This type of patent mainly involves the outline, pattern design and color matching of the product, aiming to create novel designs that are both beautiful and meet the needs of industrial production. . Next, the editor of Legal Savior Network will introduce relevant content to you.

1. Is the invention patent request a utility patent or an invention patent?

Under my country's current patent legal system, patent applications are divided into three major categories , respectively as follows: First, there are invention patents, which mainly focus on products, methods or innovative technical solutions resulting from their improvement; second, there are utility model patents, which mainly focus on the structural form and construction method of the product. and its combination to form new technical solutions with practical value; finally, there are design patents. This type of patent mainly involves the outline, pattern design and color matching of the product, aiming to create a product that is both beautiful and in line with industrial production. Novel designs required.

Article 2 of the Patent Law of the People's Republic of China

Inventions and creations as mentioned in this Law refer to inventions, utility models and designs. Invention refers to a new technical solution proposed for a product, method or improvement thereof. Utility models refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.

2. How long is the term of the invention patent right?

The invention patent period is twenty years, calculated from the date of application.

The law stipulates that the patentee must pay an annual fee starting from the year it becomes effective. If there is a breach of contract, the patent right will be terminated before expiration.

It usually takes about three years to obtain a patent for an invention

General invention patents are published eighteen months from the date of application. If they are published, they will immediately enter the substantive examination process. , generally it takes more than two years to pass the review.

The actual review cycle is affected by many factors, including specific cases and examiners.

The law only limits the applicant's response time, but does not limit the review time.

Applicants can also choose to request early disclosure and actual review when applying. This can speed up the review and approval process, but it will still take up to eighteen months to be approved. Even if the review is completed within eighteen months, It is still necessary to wait eighteen months before formal authorization can occur to deal with possible conflicting application issues.

Invention patentIt is not protected before disclosure, that is, if it is carried out by others between the date of application and the date of disclosure, it does not constitute infringement; between the date of disclosure and the date of authorization, it is a temporary protection, and liability can only be pursued after authorization.

Submitting an application does not mean you will receive protection.