What are the types of patents in China? Types of patents in China

Intellectual property is the ownership of the results of intellectual labor, which is an exclusive right granted to qualified authors and inventors or owners of results for a certain period of time in accordance with the laws of various countries. It has two categories: one is copyright (also known as copyright, literary property) and the other is industrial property (also known as industrial property).

There are three types of patents, namely invention patents, utility model patents, and design patents.

Invention patent: refers to the new technical solution proposed for a product, process or its improvement. An invention patent does not require that it is a technical achievement that has been proven in practice to be directly applied to industrial production, it can be a solution to a technical problem or an idea.

Utility model patent: refers to a new technical solution suitable for practical use proposed for the shape, structure or combination of a product. "Like inventions, utility models protect a technical solution.

However, the scope of protection of utility model patents is narrow, and it only protects new products with a certain shape or structure, and does not protect methods and substances without fixed shapes. The technical scheme of utility model pays more attention to practicality, and its technical level is lower than that of invention, and most national utility model patents protect relatively simple and improved technological inventions, which can be called "small inventions".

Design patent: refers to a new design that is aesthetically pleasing and suitable for industrial application made on the shape, pattern or combination thereof, as well as the combination of color and shape and pattern. Design focuses on the artist's artistic and aesthetic creation of the appearance of a product, but this artistic creation is not a simple handicraft, it must have the practicality that can be applied in the industry.

Specialty refers to the patent right enjoyed by the patentee for the invention and creation, that is, the state grants the inventor-creator or his successor the right to use the invention and creation exclusively for a certain period of time in accordance with the law. A patent right is an exclusive right, which is exclusive and exclusive. If a non-patentee wants to use another person's patented technology, it must obtain authorization or permission from the patentee in accordance with the law.

There are mainly the following types:

1. Invention refers to a new technical solution proposed for a product, a process or its improvement, which mainly reflects novelty, inventiveness and practicability. Patented inventions are further divided into two categories: product inventions (e.g., machines, instruments, appliances) and process inventions (manufacturing methods).

2. Utility model refers to the shape, structure or combination of the product proposed to be suitable for practical new technical solutions, the grant of utility model patent does not need to go through substantive examination, the procedure is relatively simple, the cost is low, therefore, the small invention of tangible products in daily necessities, machinery, electrical appliances and other aspects is more suitable for applying for utility model patent.

3. Appearance design refers to the new design of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern of the product that is aesthetically pleasing and suitable for industrial application. The object of protection of a design patent is the decorative or artistic appearance design of the product, which can be a flat pattern or a three-dimensional model, or a combination of the two, and the main condition for granting a design patent is novelty.

In fact, there is also the exclusive right after the application for recognition of a new plant variety. Species rights such as lianas, forest trees, fruit trees and ornamental trees are protected for a period of 20 years and for the other 15 years. Hope it helps.

There are three types of patent applications, namely invention patents, utility model patents, and design patents. As long as you meet the application conditions and there is no problem with the application materials submitted, then you can successfully pass the review. At that time, the CNIPA will grant the applicant a patent.

1.An important component of the patent type - invention patent, 2Improvements in the type of patent – utility model patent, 3The external process in the patent type - design patent, design refers to the design of an industrial product, that is, the design of an industrial product.

Legal Analysis: Types of Patents in China: Inventions, Utility Models and Designs.

And invention refers to a new technical solution proposed for a product, process or improvement thereof. Utility model refers to a new technical solution suitable for practical use proposed for the shape and structure of a product. Visual design refers to the new design of the overall or partial shape and pattern of the product that is full of aesthetics and suitable for industrial application.

Legal basis: Patent Law of the People's Republic of China

Article 2 The term "invention-creation" as used in this Law refers to inventions, utility models and designs. An invention refers to a new technical solution proposed for a product, a process or an improvement thereof. Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product.

Design refers to a new design that is aesthetically pleasing and suitable for industrial application made on the whole or part of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.

The scope of protection of a design patent right shall be subject to the design of the product represented in ** or **, and a brief description may be used to explain the design of the product indicated by ** or **.

1. The types of patents have different provisions in different countries, such as invention patents, utility model patents and design patents in China's patent law, standard patents equivalent to invention patents in mainland China, and utility model patents and design patents in Hong Kong patent law.

2. The second paragraph of Article 2 of the Patent Law of the People's Republic of China defines invention as follows: "Invention refers to a new technical solution proposed for a product, process or improvement thereof";

3. The definition of utility model in Article 2, Article 3 of the Patent Law of the People's Republic of China is: "Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product";

4. The definition of design in Article 2, Paragraph 4 of the Patent Law of the People's Republic of China is: "Design refers to a new design that is aesthetically pleasing and suitable for industrial application made of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern of the product";

5. Patents are part of intellectual property rights, is an intangible property, with different characteristics from other property, literally refers to exclusive rights and interests, the word "patent" ** in Latin, meaning public letters or public documents, and later refers to the certificate of exclusive rights signed by the King of England himself.

China's patents are divided into three categories: invention patents, utility model patents and design patents.

China's patent law stipulates that invention patents, utility model patents and expatriate design patents carry Ming. Invention patent: The definition of the dust hidden section of the invention in the second paragraph of Article 2 of the Patent Law of the People's Republic of China.

There are three types of patents stipulated in China's Patent Law: invention patents, utility model patents, and design patents.

1. Invention patent

A new technical solution proposed for a product, process or improvement of a product or method may apply for an invention patent;

2. Utility model patents

A utility model patent may be applied for for a new technical solution suitable for practical use proposed for the shape, structure or combination of the product;

3. Design patents

A design patent can be applied for for a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.

What are the benefits of patent filing?

1. As an intangible asset, patent has huge commercial value and is an important means to enhance the competitiveness of enterprises.

2. The enterprise will apply for patents for scientific research results, which is the basis for the implementation of the patent strategy of the enterprise.

3. The quality and quantity of patents are the embodiment of the company's innovation ability and core competitiveness, and the symbol of the company's identity and status in the industry.

4. Enterprises can obtain long-term benefits through the application of the patent system.

5. Possession of patents by enterprises is a necessary prerequisite for the declaration of high-tech enterprises, innovation and other scientific and technological plans and projects.

6. Enterprises can obtain subsidized loans through patents.

7. High school students can participate in the independent enrollment of famous universities and key universities through patents.