There are three types of patents: invention patents, utility models and designs.
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 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.
Patent application method:
1. Composite application
Some inventions have multiple technical features and can apply for multiple different types of patents at the same time. For example, if a product with a new structure also contains new compound ingredients, you can apply for invention and utility model patents at the same time. The invention patent protects the structure and ingredients of the product, and the utility model patent protects the structure of the product. If the product also has a relatively novel and beautiful appearance, you can also consider applying for a design patent at the same time.
Composite application is a strategy for comprehensive development of inventions and creations, and is not applicable to all patents. Although this approach will cost the applicant more, it is well worth considering in terms of the time it takes to obtain protection and the scope of protection.
2. Applications claiming domestic Priority
Domestic priority refers to applicants in China Within 1 year of the first filing of a patent application in China, you can file another patent application with the National Patent Office on the same subject. During this period, any other person's first application cannot compete with the priority. If the applicant claims domestic priority, his or her earlier application will be deemed to have been withdrawn from the date of filing of the later application.
If the earlier application is an invention patent application, you can file an invention or utility model patent application on the same subject; if the earlier application is a utility model patent application,A utility model or invention patent application can be filed on the same subject matter. However, when filing a later application, if the subject matter of the earlier application falls under any of the following circumstances, it shall not be used as the basis for claiming domestic priority: (1) Already claimed Foreign priority or domestic priority;
(2) Patent rights have been granted;
(3) It is a divisional application filed in accordance with regulations.
Domestic priority can be exercised at any time within 1 year after the first patent application. You only need to pay the priority request fee to the Patent Office of the State Intellectual Property Office and add it to the application documents. Information indicating the requested priority is sufficient. If the subsequent application is made before the expiration of the 12th month after the first application, the protection period can be extended by almost 1 year.