What is the protected object of an invention patent?

According to Article 2 of my country’s Patent Law and Article 2 of the Implementing Rules, patent applications in my country are divided into three types: invention, utility model and design. Invention: refers to a new technical solution proposed for a product, method or improvement. So what is the protected object of an invention patent? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What is the protected object of an invention patent

The object protected by an invention patent is a patent, which refers to a patent approved by the Patent Office of the People's Republic of China Review the inventions and creations that comply with the relevant provisions of the Patent Law and obtain patent authorization. Patents are divided into inventions, utility models and designs.

(1) Invention refers to a new technical solution proposed for a product, method or improvement thereof. Products refer to various products that can be manufactured in industry, including solid, liquid, gas and other items with certain shapes and structures. Method refers to the method of processing raw materials to make various products.

(2) Utility model refers to the modification of the product New technical solutions proposed by the shape, structure or combination thereof that are suitable for practical use.

(3) Appearance design refers to the design of the product Shape, pattern or their combination, as well as the combination of color, shape and pattern, create a new design that is aesthetically pleasing and suitable for industrial applications. For example: the appearance, packaging, various labels of various products, etc. It should be noted that utility model and design patent applications are only applicable to products, notInventing methods. For technical improvements in methods, only invention patents can be applied for.

For some products, you can sometimes apply for invention patents, or You can apply for a utility model patent, but the examination requirements and protection period are different. If the technical level is not very high, the life cycle of the technology is not very long, and you want to obtain patent rights as soon as possible, it is recommended to apply for a utility model. Otherwise, apply for an invention patent.

The basic norms of the patent system are concentrated in the Patent Law 》, or in other words, the Patent Law embodies the basic content of the patent system in a standardized form. Therefore, the formulation and implementation of the Patent Law can effectively play the positive role of the patent system. Understanding and affirming this role will be the necessary ideological basis for understanding and implementing the Patent Law.

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