Which inventions and creations can apply for utility model patents
"Patent Law" Utility models refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use. The difference between utility models and inventions is: first, utility models are limited to products with a certain shape, and cannot be a method, nor can they be products without a fixed shape; second, the creativity requirements for utility models are not too high , and has strong practicality.
The shape of the product refers to the shape of the product, A definite spatial shape that can be observed from the outside. The technical solution proposed for the product shape can be a technical solution proposed for the three-dimensional spatial shape of the product, such as improvements to the cam shape and tool shape; it can also be a technical solution proposed for the two-dimensional shape of the product, For example, improvements to the cross-sectional shape of profiles.
The structure of a product refers to the arrangement, organization and interrelationship of the various components of the product. The structure of the product can be either a mechanical structure or a circuit structure. The mechanical structure refers to the relative positional relationship, connection relationship and necessary mechanical cooperation relationship of the components that constitute the product. The circuit structure refers to the determined connection relationship between the components that constitute the product.
The composite layer can be considered as the structure of the product. The carburized layer and oxide layer of the product belong to the composite layer structure.
Conditions for granting invention patents
As referred to in patent law An invention refers to a new technical solution proposed for a product, method or improvement thereof. Its characteristics are: first, the invention is a new technical solution. It is a technical solution that uses the laws of nature to solve various problems in production, scientific research, and experiments. It generally consists of several technical features. Secondly, inventions are divided into two types: product inventions and method inventions. product inventionIncluding all objects created by humans, method inventions include all methods that utilize the laws of nature through inventions and creations. Method inventions can be divided into two types: manufacturing methods and operating methods. In addition, inventions protected by patent law can also be improvements to existing products or methods.
Inventions for which patent rights are granted must be novel, creative and practical. Novelty means that before the filing date, the same invention or utility model has not been published in domestic or foreign publications, publicly used domestically, or otherwise known to the public, nor has the same invention or utility model been disclosed to the public by others. The patent administration department of the State Council has filed an application and it is recorded in the patent application documents published after the application date. Creativity means that the invention has outstanding substantive features and significant progress compared with the existing technology before the filing date, and the utility model has substantive features and progress. Practicality means that the invention can be manufactured or used and can produce positive effects
Based on the above introduction, the invention referred to in the patent law refers to the product, method or New technical solutions proposed for its improvement. I believe that after reading the above introduction, everyone has a certain legal understanding of the conditions for granting an invention patent. If you still have legal questions in this regard, please consult the lawyers of the Legal Savior Network, and they will provide you with professional advice. answer.
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