Does it require a different use than the prior art to constitute an invention patent?

The following description distinguishes the types of patents (inventions, utility models and designs) and only talks about the general conditions for granting patents.

Applying for a patent and obtaining a patent does not necessarily mean that the technical features in the technical solution have changed its use in the prior art. Of course, a technical feature changes its original use, and it can also apply for an invention patent and obtain a patent, for example, (if Ha) a small amount of other chemical components are added to the washing liquid and have a good preservative effect can be used as a preservative, which is difficult for others to think before the applicant puts forward, this change in the use of a technical means in the prior art, of course, can obtain a patent.

However, this is not a requirement for obtaining an invention patent.

More generally, a patent can be obtained if some technical features with their respective functions in the prior art are combined to produce a technical effect that is difficult for others to foresee. For example, it is generally believed that between two conductive elements in sliding contact, the resistance is smaller if it is smoother, and the resistance is greater if it is too rough; However, some applicants have pointed out that the actual situation is not that the smoother the resistance, the smaller the resistance, for a given material, the resistance can reach the minimum value at a certain roughness.

In this case, there is no change in the existing use of the conductive material to conduct electricity, and there is no change in the existing use of a surface of a certain roughness to conduct electricity. However, it is still possible to obtain a patent due to the unintended technical effect of being able to achieve a minimum resistance at a certain roughness (novelty and inventive step).

Invention patents can be derived from prior art, but they must be more advanced and original than prior art.

There are three types of patents, namely invention patents, utility model patents and design patents, and many of them often do not know the difference between invention patents and utility model patents, and do not understand the substantive differences between the two, resulting in confusion. Therefore, many times when applying for patents, most people will have misunderstandings in the understanding of invention patents and utility model patents, and will easily think: "Invention patents are very valuable patents, and only those with high gold content can be called patents; Utility model patents are the kind of niche patents, dispensable, and have no gold content, since they are all patents, they will be more willing to apply for invention patents than utility model patents."

So what's the difference? Is it what we subconsciously think? The following small issue has sorted out the comparison between the two.

The difference between invention patent and utility model patent:

1. The object and scope of protection are different.

Compared with invention patents, utility model patents are limited to products with a certain shape, and cannot be a method, nor can they be products without a fixed shape, which are related to the shape and have a narrow scope of protection.

2. The inventive step requirements for patents are different.

Invention patents need to have outstanding substantive features and significant progress, while utility model patents only need to have strong practicability and great practical value. The level of inventive step required is much lower than that of invention patents.

3. The term of protection of patents is different.

The term of legal protection for invention patents is 20 years from the filing date, while the term of legal protection for utility model patents is 10 years from the filing date.

4. The examination and approval procedures for patent applications are different.

Utility model patents only need to be formally examined, and invention patents need to be subject to formal examination and substantive examination, so the time required for invention patents to be granted is also longer than that of utility model patents.

When applying for a patent, we need to apply for different types of patents according to the business needs of our own enterprises, and the precise matching of patent types can make the patent get due protection. In real life, many enterprises will also have a large number of invention patents and utility model patents due to the different business sectors they are engaged in.

Friends who don't know how to choose can directly send a private message to the newsletter to answer for you

Legal Analysis: Patented utility model refers to the protection of new designs or new technical solutions that are more practical, easier to realize, and more recognizable in similar technologies. Compared with invention patents, patented utility models have a lower degree of technical innovation and acceptance, but they have certain practical value in practical application.

Legal basis: Article 6 of the Patent Law of the People's Republic of China provides legal protection for inventions and creations. Article 22 The scope of protection of a patent for practical and prudent use of a model shall be limited to the legal scope of the technical solution described in the best embodiment of the utility model revealed during the examination.

1.As for what invention patents and utility model patents mean, you can learn from the concepts of both.

The concept of invention patent: refers to the rightProducts, methodsor its improvement of the proposed new technical scheme.

The concept of utility model patent: refers to the productShape, constructionor a new technical solution that is suitable for practical use.

2.As for the differences between the two, to sum up, the Lord Envy Shenyuan should have the following nonsense:

1) The object of protection is different.

invention patents, the object of protection is the product and the method; Utility model patents protect the shape and structure of a product.

2) The validity period of the patent is not the same.

The term of the patent right for invention is:Twenty years, the term of the utility model patent right isDecade.

The inventive step requirement for the use of a utility model patent is compared with the prior art before the filing date () aIt has the characteristics of real-time.

b.Possess a material point of expertise.

c.Gu Nai Fan has a significant hail step into Chang.

d.It has substantial characteristics and progress.

Correct answer: d

The significance of this is that it can obtain a utility model authorization relatively quickly to protect the technology. However, the technology cannot be granted repeatedly, so in order to obtain a patent for a patent, it is necessary to give up the patent right for a utility model.

Article 9 of the Patent Law Only one patent can be granted for the same invention-creation. However, if the same applicant applies for both a utility model patent and an invention patent for the same invention on the same day, and the utility model patent right obtained first has not been terminated, and the applicant declares that he has abandoned the utility model patent right, the invention patent right may be granted.

From the perspective of the right holder, the authorization of the utility model patent can be obtained as soon as possible, and activities such as rights protection, authorization, implementation and licensing can be carried out as soon as possible;

From the company's side, the same technical materials can be double-reported, and two patent service fees can be obtained to obtain better benefits.

Whether to double report or not is at the discretion of the applicant.

According to the content of the Patent Law of the People's Republic of China, the differences between invention patents and utility model patents are as follows: 1. Different objects of protection: invention refers to a new technical solution proposed for a product, process or its improvement.

Utility model refers to a new technical solution for the shape, structure or combination thereof of a product that is suitable for practical use. 2. The term of protection is different: the term of protection for utility model patents is 10 years, and the term of protection for invention patents is 20 years, both of which are calculated from the date of application.

3. Different inventive step requirements: invention patents need to have "outstanding substantive features and significant progress", while utility model patents only need to have "substantive features and progress", and their inventive step requirements are lower than those of inventions. 4. The approval procedures are different

Utility models are only subject to formal examination, while invention patents are subject to substantive examination in addition to formal examination, so the grant period is also longer.