The subject matter of patent rights in the patent legal system

The subject matter of the patent right actually refers to the object of patent protection. China's patent protection objects include: invention, utility model, appearance design three kinds of patents.

1. The invention is a new technical solution proposed for the shape, method or improvement of the product; 2. A utility model is a new technical solution suitable for practical use proposed by the shape, reckless structure or combination of the product, commonly known as a "small invention"; 3. Appearance design is a new design that is aesthetically pleasing and suitable for industrial application of the shape, pattern, color or combination of products. Conditions for granting patents: The conditions for granting patents for different types of inventions and creations are different in China's patent law.

The invention and utility model for which a patent is granted shall be novel, inventive and practical, and novelty means that the same invention and utility model have not been published in domestic or foreign publications, publicly used in the country or otherwise known to the public before the filing date, and the same invention and utility model have not been applied for by others to the patent office and recorded in the patent application documents published after the filing date, and inventive step refers to the comparison with the existing technology before the filing date. The invention has outstanding substantive features and significant progress, the utility model has substantial features and progress, and practicality means that the invention and utility model can be manufactured or used and can produce positive effects; The design for which a patent is granted shall not be the same or similar to the design that has been published in domestic or foreign publications before the filing date. Of course, not all inventions and creations can be applied for, and China's patent law does not grant patents for: (1) scientific discoveries, (2) rules and methods of intellectual activities, (3) diagnosis and methods of diseases, (4) animal and plant varieties, (5) substances obtained by atomic nuclear transformation methods, and (6) inventions and creations that violate national laws, social morality and hinder public interests.

Lawyer answers. The subject matter of the patent right is:

1. Appearance design mainly refers to the new design of Luchai Circle suitable for industrial application made in terms of the shape, pattern and color of the whole or part of the product;

2. Invention refers to a new technical solution proposed for a product, a process or its improvement;

3. Utility model refers to a new technical solution with practicability proposed for the shape and structure 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.

The new model for actual collapse refers to the new technical scheme suitable for practical use of the shape, structure or combination of the 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. Zhao.

Article 64 of the Patent Law of the People's Republic of China.

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 **.