What is the definition of utility model patent and how to understand it?

Utility model patent: refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use. What is the detailed definition of utility model patent? If you have relevant legal knowledge and don’t know what to do, the following is the relevant content compiled by the editor of Legal Savior.com, and listen to the specific opinions given by the editor of Legal Savior.com.

What is the definition of utility model patent and how to understand it

According to "Patent Law" Article 2, Paragraph 2, the term "utility model" in the Patent Law refers to the shape, structure or combination of products that are suitable for practical use. New technical solutions.

1. Utility model patents only protect products

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According to the provisions of Article 2, Paragraph 2 of the Patent Law, Utility model patents only protect products. The said product should be an entity that is manufactured through industrial methods, has a definite shape, structure and occupies a certain space.

All methods and natural existence without artificial production The items are not subject to utility model patent protection.

The above-mentioned method includes the manufacturing method and use of the product.Usage methods, communication methods, processing methods, computer programs and the use of products for specific purposes, etc.

For example, the manufacturing method of gears, the Dust removal methods or data processing methods, naturally occurring rain flower stones, etc. are not objects of utility model patent protection.

An invention may include changes in product shape , structural improvements, including improvements in the special methods and processes for producing the product or the materials themselves that make up the product. However, utility model patents only protect technical solutions proposed for the shape and structure of the product.

2. Product shape

The shape of the product refers to the definite spatial shape that the product has and can be observed from the outside.

The technical solution proposed for the product shape can be Technical solutions proposed for the three-dimensional form of the product, such as improvements to the cam shape and tool shape; technical solutions proposed for the two-dimensional form of the product, such as improvements to the cross-sectional shape of the profile.

Products with no definite shape, such as gas and liquid , powdery, granular substances or materials, the shape of which cannot be used as a shape feature of a utility model product.

It should be noted that:

(1) Biological or naturally formed shapes cannot be used as the shape features of the product. For example, the shape formed by plant growth in bonsai cannot be used as the shape features of the product, nor can natural shapes be used as the shape features of the product. The formed rockery shape serves as the shape feature of the product.

(2) Undefined shapes obtained by placing, stacking, etc. cannot be used as shape characteristics of products.

(3) A certain technical feature in the product is allowed to be a substance with no definite shape, such as gaseous, liquid, powdery, and granular substances, as long as it is affected by the The structural characteristics of the product are limited. For example, the technical solution proposed for the shape structure of the thermometer allows alcohol with no definite shape to be written.

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