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There are three types of patent applications:
Invention patent: refers to the new technical solution proposed for a product, process or its improvement.
Utility model patent: refers to a new technical solution suitable for practical use proposed for the shape, structure or combination of a product.
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.
It usually takes about 3 years to grant an invention patent.
It usually takes about one year to grant a utility model patent.
It usually takes about 8 months for a design patent to be granted.
Duration of protection of the patent right:
The term of protection for an invention patent is 20 years.
The term of protection of a utility model patent is 10 years.
The term of protection of a design patent is 10 years.
Information required to apply for a patent:
1. Name of the invention-creation: The name should simply and clearly reflect the subject matter and type of the invention-creation.
2. Background art: the situation of the prior art that is closest to the present invention creation.
3. Technical solutions for invention and creation
Invention-creation of product category: Combined with the accompanying drawings, clearly and completely indicate the names of each component and the connection relationship between them, and explain their working process, and the scheme provided shall be subject to the realization of ordinary technical personnel in the technical field;
Electronic inventions: provide circuit diagrams or block diagrams, and explain the principles of each electronic device or module in the diagram;
Inventions and creations of methods: including processing technology, chemical products, drugs, food, etc., the processing steps and the limitations of the process conditions shall be described in detail, and the corresponding process flow chart shall be provided as needed; For the invention and creation of a method involved in the fields of computer and communication, the processing process of the method shall be provided, and its flow chart shall be provided as required.
4. Beneficial effects and advantages of the invention-creation: describe the positive effects and advantages that the present invention has compared with the prior art, and the advantages and effects are directly obtained by adopting the technical scheme of the invention-creation.
5. Description of drawings: If there are drawings, the drawings should be drawn according to mechanical drawing standards.
6. Embodiment:
Product and electronic invention-creation: The embodiment is one or more specific design schemes for realizing the invention-creation, and if a drawing is provided, the part shall be described in conjunction with the drawing, and the number in the drawing shall be marked after the corresponding part, and its function, dynamic structure, working principle and method of use may be explained as needed.
Inventions and creations of the method class: the process process, operation steps and specific process parameters should be described in detail, and the embodiment scheme of the combination of multiple process parameters should usually be provided; For the invention and creation of a method involved in the fields of computer and communication, a detailed and specific implementation plan of the method should be provided in combination with a flow chart, etc., and a variety of solutions can be provided.
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1 Principle You can apply for a patent in Class 3 (invention, utility model, appearance).
2 Look at what aspects of your product you want to protect and what your patent is actually used for.
3. If you need to be effectively protected, and at the same time, your transformation has made substantial progress in relation to the prior art, it is recommended to apply for an invention patent.
If it is only for publicity or other purposes, it is recommended to apply for a utility model patent, which is quick and convenient, and can be granted within one year.
If the funds do not allow you to apply for an invention or utility model, you can also apply for a design patent, which can also serve as a publicity effect.
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When it comes to being more practical, it should be said that the performance is better or the function is better, at this time it is to solve some technical problems with the improvement of the shape and structure, and it should be protected by utility models, of course, it can also be used invention, but the examination of inventions is stricter.
In fact, if there is a change in shape, you can also apply for a design at the same time.
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This should be applied for a utility model or invention.
Because you want to protect the technical solution of the structure of the object, not its appearance.
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The Chinese patent classification is:
1. A new design that is aesthetically pleasing and suitable for industrial application made by the overall or partial shape, pattern or combination thereof, as well as the combination of color and shape and pattern, that is, the appearance design;
2. The shape, structure or combination of the product proposed to be suitable for practical new technical solutions, i.e., inventions;
3. It refers to the new technical scheme suitable for practical use proposed for the shape, structure or combination of the product.
[Legal basis].
Article 2 of the Patent Law of the People's Republic of China.
For the purposes of this Law, the term "invention-creation" 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.
Article 64.
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 **.
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Legal basis: Article 22 of the Patent Law of the People's Republic of China stipulates that inventions and utility models for which a patent right is granted shall be novel, inventive and practical.
Novelty means that the invention or utility model does not belong to the prior art; Nor has any unit or individual filed an application for the same invention or utility model with the patent administration department before the filing date, and recorded in the patent application documents or published patent documents published after the application date.
Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantial features and progress.
Utility means that the invention or utility model can be manufactured or used and can produce positive effects.
For the purposes of this Law, the term "prior art" refers to technology that was known to the public at home and abroad before the filing date.
Article 23 of the Patent Law of the People's Republic of China stipulates that a design for which a patent right is granted shall not be an existing design; Nor has any unit or individual filed an application for the same design with the patent administration department before the filing date, and it is recorded in the patent documents published after the filing date.
The design for which a patent is granted shall be distinctly different from the prior design or a combination of features of the prior design.
The design for which a patent is granted must not conflict with the legal rights of another person who have already acquired before the filing date.
For the purposes of this Law, the term "existing design" refers to a design that has been known to the public at home and abroad before the filing date.
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There are three main categories of national patent classifications:
1.Design patent: A design is 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 colors, shapes and patterns of a product.
Generally speaking, all original designs involving the appearance of a product can apply for a design patent, and the term of protection for a design patent is currently 10 years, and after June 1, 2021, the term of protection for a design patent will be extended from 10 years to 15 years.
2.Utility model patent: Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination of a product. The term of protection of a utility model patent is 10 years.
3.Invention patent: Invention refers to a new technical solution proposed for a product, process or its improvement.
Unlike utility model patents, invention patents can be both products and methods, while utility model patents must be products. The term of protection of invention patents is the longest in the domestic patent classification, up to 20 years.
2. What is the content of the patent right?
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Hello Lapper, glad to answer for you. <>
According to Article 2 of the Patent Law, patents are divided into three types: invention, utility model and design. Invention patent: refers to the new technical solution proposed for a product, process or its improvement. Utility model patents refer to the technical solutions that are applicable to practical use proposed for the shape, structure or combination of the products of the Raid Zhihao.
A design patent refers to a new design of a product that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern, color or combination of a product. According to the first paragraph of Article 42 of the Patent Law, the term of a patent right for invention is 20 years, the term of a patent right for utility model is 10 years, and the term of a patent right for a design right is 15 years, all of which are calculated from the filing date.
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