What inventions and creations are protected by my country’s patent law
Inventions protected by my country’s Patent Law are divided into , Utility model and appearance design.
(1) Invention patent. The 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, liquids, etc. with certain shapes and structures. Items such as gas. 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 that has industrial application, but this cannot be used. Technical solutions or ideas are confused with simply proposing projects and ideas, because simple projects and ideas do not have the possibility of industrial application.
(2) Utility model patent. The definition of utility model in Article 2, Paragraph 2 of my country's Patent Law is: "Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use." Like inventions, utility models The new type of protection is also a technical solution. However, the scope of utility model patent protection is narrow. It only protects new products with a certain shape or structure, but does not protect methods and substances without fixed shapes. Utility model technical solutions updatedFocusing on practicality, the technical level is lower than inventions. Utility model patents in most countries protect relatively simple and improved technical inventions, which can be called "small inventions."
(3) Design patent. The definition of design in Article 2, Paragraph 3 of my country’s Patent Law is: “Design refers to the shape, pattern, or combination thereof, as well as the color, shape, and pattern of a product that is aesthetically pleasing and suitable for industrial application. New design."
Appearance design and invention, practicality There are obvious differences between new models. Appearance design focuses on the artistic and aesthetic creation made by the designer on the appearance of a product. However, this artistic creation is not a simple handicraft. It must have the ability to contribute to the industry. Practicality of application. 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.
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