Types of patents in my country

Invention patents The definition of inventions in Article 2, Paragraph 1 of my country's "Patent Law Implementing Rules" is: "Inventions refer to new technical solutions proposed for products, methods or their improvements. Questions about the types of patents in my country are as follows. The editor of Legal Savior Network will give you a detailed answer.

1. What are the types of patents in my country

1. Invention Patent Article 2, paragraph 1, of my country’s Implementing Rules for Patent Law defines invention as: “Invention refers to a new technical solution proposed for a product, method or improvement thereof. "The so-called products refer to various new products that can be manufactured in industry, including solid, liquid, gas and other items with certain shapes and structures. The so-called methods refer to the methods of processing raw materials to make various products. Invention A patent does not require that it be a technical achievement that has been proven in practice and can be directly applied to industrial production. It can be a solution to a technical problem or an idea with the possibility of industrial application, but this cannot be A technical solution or idea and simply proposing a subject;

2. Legal basis: Article 2 of the "Patent Law Implementing Rules": Structure or combination thereof proposed A new technical solution suitable for practical use." Like inventions, utility models also protect a technical solution. However, the scope of utility model patent protection is relatively limited. It only protects new products with a certain shape or structure, but does not protect methods and substances without fixed shapes. The technical solutions of utility models pay more attention to practicality, and their technical level is lower than that of inventions.

2. What are the types of patent Priority

1. Domestic priorityDomestic priority, also known as "domestic priority", refers to the patent applicant filing another patent application with the State Intellectual Property Office of my country within 12 months from the date of first filing a patent application for an invention or utility model with the same theme in China. A patent application filed by the Patent Office can enjoy priority. my country’s priority system does not include design patents;

2. International priorityInternational priority, also known as "foreign priority", its content is: within 12 months from the date when the patent applicant first files a patent application for the same invention or utility model in a foreign country, Or if a patent application is filed in China within 6 months from the date of the first patent application filed in a foreign country for the same design, China shall take the date of the first patent application filed in the foreign country as the filing date. That is the priority date.

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