1. What are the main objects of patent rights
(1) Patent The object of patent rights, also known as the object protected by patent law, refers to inventions and creations for which patent rights should be granted according to law.
(2) The objects include invention, utility model and appearance design.
(3) Legal basis: "Patent Law of the People's Republic of China"
Article 2 The inventions and creations 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 model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.
Appearance design refers to the aesthetic and suitable design of the overall or partial shape, pattern or combination of the product, as well as the combination of color, shape and pattern. New designs for industrial applications.
2. How long does it take for the patent to be authorized after it is disclosed?
1. According to the provisions of China's Patent Law, there are three types of patent applications that domestic and foreign applicants can file with the China Patent Office: invention patents, utility model patents and design patent applications. .
2. Inventions and utility models are applications for technological improvements. Invention patent applications can protect product and method inventions; utility model patent applications do not protect method inventions. Only improvements to the product and its structure are protected;A design patent application only protects the appearance shape, pattern or combination of the product and its combination with color.
3. It takes a long time to authorize an invention patent, usually three to five years. However, because it requires a substantive examination process, the patent rights after patent authorization are very stable. High; Utility model patents and design patents do not need to go through the substantive examination process and are authorized quickly. Utility models can generally be authorized six to twelve months from the date of application, and designs can generally be authorized within six months from the date of application. Authorizable.
4. After the Patent Administration Department of the State Council issues a notice granting a patent right, the applicant shall complete the registration procedures within 2 months from the date of receipt of the notice. If the applicant completes the registration procedures on time, the patent administration department of the State Council shall grant the patent right, issue a patent certificate, and make an announcement. Failure to complete the registration formalities upon expiration shall be deemed to have given up the right to obtain patent rights.
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