1. What types of patents are divided into
The Patent Law stipulates that patents are divided into three types: 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 practical technical solution proposed for the shape, structure or their combination of a product.
"Appearance design" refers to a new design of the shape, pattern, color or combination of a product that is aesthetically pleasing and suitable for industrial application.
2. Conditions that a patent should meet
Article 22 of the Patent Law: Inventions and utility models for which patent rights are granted shall possess novelty, creativity and practicality.
Novelty means that the invention or utility model does not belong to the existing technology; there is no other unit or individual that has published any patents on the same invention or utility model. A utility model application has been submitted to the patent administration department of the State Council before the application date, and shall be recorded in the patent application documents or announced patent documents published after the application date.
Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress. The utility model Has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
thisThe prior art referred to in the law refers to the technology that was known to the public at home and abroad before the filing date.
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