1. What are the objects of patent rights in patent law
Patent rights The object, also known as the object of patent law protection, refers to the invention and creation for which patent rights should be granted according to law. According to Article 2 of my country’s Patent Law, the objects of patent law include inventions, utility models and designs.
1. Invention
Invention refers to a product, method or improvement thereof new technical solutions. An invention must be a technical solution, the result of the inventor's application and combination of natural laws in a specific technical field, rather than the natural laws themselves. Therefore, scientific discoveries do not fall within the category of inventions. At the same time, inventions are usually intellectual achievements in the field of natural sciences, and achievements in the fields of literature, art and social sciences cannot constitute inventions within the meaning of patent law.
According to the provisions of the patent examination system, inventions are divided into two types: product inventions and method inventions. They can be either original inventions or improved ones. invention. Product invention is the invention of new products or new substances. This kind of product or substance has never been seen in nature, and is the result of humans using the laws of nature to act on specific things.
If an item is completely in a natural state and exists without anyone's processing or transformation, it is not a product invention stipulated in my country's patent law and cannot be obtained. patent. Method invention refers to the invention of means and steps used to solve a specific technical problem. Methods that can be patented usually include two categories: manufacturing methods and operating methods. The former such as product manufacturing processes, processing methods, etc., and the latter such as testing methods, product usage methods, etc. Improvement inventions are technical solutions that substantially innovate existing product inventions or method inventions. For example, Edison invented the self-incandescent lamp. The incandescent lamp is an unprecedented new product and can apply for a product invention; the method of producing incandescent lamps can apply for a method patent.; Filling the incandescent lamp with inert gas will significantly improve its quality and life. This is an improvement based on the original, and you can apply for an improvement invention.
2. Utility model
Utility model refers to the shape, structure or other modifications of the product. Combined with the proposed new technical solutions suitable for practical use. Utility model patents only protect products. The product should be an entity manufactured by industrial methods and occupying a certain space. All related methods (including the use of products) and naturally occurring items that have not been artificially manufactured are not protected objects of utility model patents.
The above methods include product manufacturing methods, usage methods, communication methods, processing methods, Computer programs and the use of products for specific purposes, etc. For example, a gear manufacturing method, a dust removal method in a workshop, a data processing method, a naturally occurring rain flower stone, etc. cannot obtain utility model patent protection.
The shape of the product refers to the definite spatial shape of the product that can be observed from the outside. The technical solution proposed for the product shape can be a technical solution proposed for the three-dimensional spatial shape of the product, such as improvements to the cam shape and tool shape; it can also be a technical solution proposed for the two-dimensional shape of the product, For example, improvements to the cross-sectional shape of profiles. For products with no definite shape, such as gaseous, liquid, powdery, or granular substances or materials, their shape cannot be used as the shape feature of a utility model product.
The structure of a product refers to the arrangement, organization and interrelationship of the various components of the product. It can be a mechanical construction or a circuit construction. The mechanical structure refers to the relative positional relationship, connection relationship and necessary mechanical cooperation relationship of the components that constitute the product; the circuit structure refers to the determined connection relationship between the components that constitute the product.
3. Appearance design
Appearance design is also called industrial product appearance design. 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.
The carrier of the design must be a product. Product refers to any item produced by industrial methods. Handicrafts, agricultural products, livestock products, and natural objects that cannot be produced repeatedly cannot be used as carriers of designs. Usually, the color of the product cannot beIt constitutes an independent design, unless the color change of the product itself forms a pattern. The combinations that can constitute an appearance design include: the shape of the product; the pattern of the product; the shape and pattern of the product; the shape and color of the product; the pattern and color of the product; the shape, pattern and color of the product.
Shape refers to the design of the product shape, that is, the appearance outline presented by the movement, change, and combination of points, lines, and surfaces outside the product, that is, The result of designing and manufacturing the structure and appearance of the product at the same time; pattern refers to the graphics formed on the surface of the product by any arrangement or combination of lines, words, symbols, and color blocks. Patterns can be produced by drawing or other means that reflect the designer's pattern design ideas. The pattern of the product should be fixed and visible, and should not be occasional or need to be seen under specific conditions; color refers to the color or combination of colors used on the product, and the true color of the materials used to make the product Not the color of the exterior design.
2. How long does it take for the patent to be authorized after it is disclosed
According to China According to the provisions of the 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.
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 method inventions. Improvements in products and their structures; design patent applications only protect the product’s appearance, pattern, or combination thereof, as well as its combination with color. Invention patents take a long time to be authorized, usually three to five years, but because they need to go through the substantive examination process, the patent rights after patent authorization are very stable; utility model patents and design patents do not need to go through the substantive examination process, and are authorized faster. Utility models can generally be authorized within six months to twelve months from the date of application, and designs can generally be authorized within six months from the date of application.
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. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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