What are the types of patents in patent law?

Patent rights must be declared first, and can be determined as patent rights only after the application is completed. The review of patent rights is also very strict. Generally, there is no permission from the patentee. Others may not freely use the patentee's patent rights. So, what are the types of patents in patent law? Below, the editor of Legal Savior Network will compile relevant information for you. I hope to be helpful.

What are the types of patents in the Patent Law

1. Invention Patent Article 2 of my country’s Patent Law One definition of invention is: "Invention refers to a new technical solution proposed for a product, method or improvement thereof." The so-called product refers to various new products that can be manufactured in industry, including solids with certain shapes and structures. , liquids, gases and other items. 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.

2. Utility model patent Article 2, paragraph 2, of my country’s Patent Law defines Utility model as: “Utility model refers to the shape and structure of a product. Or it may be combined with a proposed new technical solution that is 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. Utility model patents in most countries protect relatively simple and improved technical inventions, which can be called "small inventions."

3. Design patent Article 2, paragraph 3, of my country’s Patent Law defines design as: “Design refers to the shape and pattern of a product. Or a new design that is rich in beauty and suitable for industrial application made by its combination, color, shape, and pattern." There is a clear difference between appearance design, invention, and utility model. Appearance design focuses on the designer's appearance of a product. It is an artistic and beautiful creation, but this artistic creation is not just a 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, they areThe purpose of the former is to make the shape of the product aesthetic, while the purpose of the latter is to make the product with a shape 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.

The above is the relevant information compiled by the editor of Legal Savior Network for everyone. To sum up, we can understand the patent rights. There are many types of patent rights, generally divided into two major categories: utility model patents and design patents. They can also be divided into many subcategories according to the major categories. If you have any other questions, please feel free to consult online.