my country’s Patent Law What are the provisions for the granting of inventions and utility models?
my country's "Patent Law" stipulates that the granting of inventions and utility models refers to creativity, novelty and utility. sexual patent. The types of patents have different regulations in different countries. In my country's patent law, they are: invention patents, utility model patents and Design patents; in Hong Kong's patent law, they are: standard patents (equivalent to invention patents in mainland China), short-term patents. Patents (equivalent to mainland utility model patents). Design patents; classified in some developed countries: invention patents and design patents.
1. Invention patents
The so-called products refer to various new products that can be manufactured in industry Products include solid, liquid, gas and other items with a certain shape and structure. The so-called method refers to the method of processing raw materials to make various products. An invention 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 This kind of technical solution or concept is confused with simply proposing a problem or idea, because a simple problem or idea does not have the possibility of industrial application.
Invention refers to a new technical solution proposed for a product, method or improvement thereof, which mainly reflects novelty, creativity and practicality. Patented inventions are divided into two categories: product inventions (such as machines, instruments and equipment, appliances) and process inventions (manufacturing methods).
2. Utility model patent
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 narrow. It only protects new products with a certain shape or structure, and does not protect methods and substances without fixed shapes. Utility model technology The plan pays more attention to practicality, and its technical level is lower than that of invention. Utility model patents in most countries protect relatively simple and improved technical inventions, which can be called "small inventions".
Utility model refers to the shape,For new technical solutions proposed by the structure or combination thereof that are suitable for practical use, the grant of a utility model patent does not require substantive examination. The procedure is relatively simple and the cost is low. Therefore, small inventions related to tangible products in daily necessities, machinery, electrical appliances, etc. , more suitable for applying for utility model patents.3. Design patent
Article 2, paragraph 4, of my country’s Patent Law The definition of appearance design is: "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." And in the "Patent Law" Article 23 stipulates the conditions for authorization: “The design for which the patent right is granted shall not belong to the existing design; and no unit or individual has filed a complaint with the Patent Administration Department of the State Council regarding the same design before the date of application. Application, and recorded in the patent document published after the filing date." Compared with the previous patent law, the latest revised patent law has higher requirements for design.
There is a clear distinction between appearance design, invention, and utility model. Appearance design focuses on the artist’s artistic and unique contribution to the appearance of a product. Aesthetic creation, but this artistic creation is not a simple handicraft, it must have practicality that can be applied in industry. Design patents essentially protect artistic ideas, while invention patents and utility model patents protect technical ideas; although appearance designs and utility model patents are related to the shape of the product, their purposes are not the same. The purpose of the former is to use Product shape creates aesthetic feeling, and the purpose of the latter is to enable products with form to solve a certain technical problem. For example, if an umbrella has a beautiful shape, pattern, and color, it should apply for a design patent. If the umbrella's handle, ribs, and head structure are streamlined and reasonable, can save materials and have durable functions, then it should apply for a design patent. Apply for a utility model patent.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial applications, based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern. design. The object of protection of a design patent is the decorative or artistic appearance design of a product. This design can be a flat pattern or a three-dimensional shape. More commonly, it is a combination of the two. The main condition for granting a design patent is novelty. sex.
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