What is a utility model Which inventions and creations can apply for utility model patents

For the purposes of the Patent Law, a utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product. The difference between a utility model and an invention is that: first, a utility model is limited to a product with a certain shape, and cannot be a method or a product without a fixed shape; Second, the inventive step requirements for utility models are not too high, but the practicability is strong.

The shape of a product refers to the definite spatial shape that a product has that can be observed from the outside. The technical scheme proposed for the shape of the product can be the technical scheme proposed for the spatial shape of the three-dimensional form of the product, such as the improvement of the cam shape and the cutter shape; It can also be a technical solution for the two-dimensional form of the product, such as the improvement of the cross-sectional shape of the profile.

The construction of a product refers to the arrangement, organization, and interrelationship of the various components of a product. The construction of the product can be either mechanical or wire-based. Mechanical structure refers to the relative position relationship, connection relationship and necessary mechanical coordination relationship of the parts that constitute the product, and circuit structure refers to the definite connection relationship between the components that make up the product.

The composite layer can be regarded as the structure of the product, and the carburizing layer and oxide layer of the product belong to the composite layer structure.

For more specific questions about utility model protection, please refer to ****(

1. Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination of a product, also known as a small invention or a small patent. 2. An invention or creation proposed for the shape, structure or combination of a product can be applied for a utility model. ]

On the basis of the original, there are improvements, and it is more convenient to use. Professionalism refers to the shape, structure or combination of products proposed to be suitable for practical new technical solutions. The focus is on the shape and construction, and if it belongs to the method, it does not belong to the utility model].

Legal Analysis: No, there are differences between the two: (1) the inventive step of a utility model is lower than that of an invention patent; (2) the scope of the utility model is smaller than that of the invention patent; (3) The term of protection of a utility model patent is shorter than that of an invention patent; (4) The examination and approval process for utility model patents is simpler than that for invention patents.

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

Article 1 This Law is enacted for the purpose of protecting the legitimate rights and interests of patentees, encouraging inventions and creations, promoting the application of inventions and creations, enhancing innovation capabilities, and promoting scientific and technological progress and economic and social development.

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 of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.

Legal analysis: There are three types of patents stipulated in China's patent law: invention patents, utility model patents, and design patents.

An invention refers to a new technical solution proposed for a product, a process or an improvement thereof. It is further divided into product invention and method invention of technical solutions. Trillion inventions in products refer to all inventions that appear in tangible form, that is, the invention is represented by an object, such as machinery, equipment, instruments, supplies, etc.

A process invention refers to an invention in which the technical solution provided by the inventor is aimed at a certain substance with a certain effect to make it produce a new technical effect. The method invention is to express the technical scheme of the deferred configuration through the form of operation mode and technological process. Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product.

Utility model patents only protect products with a certain shape, and products and methods without a fixed shape and designs characterized by a simple flat pattern are not protected. Due to the characteristics of utility model patents and applications that do not require substantive examination, short approval period, and low fees, the number of applications for this type of patent accounts for 2 3 of the total number of patent applications. Design refers to the shape, pattern, color or combination of the product made of the new design that is aesthetically pleasing and suitable for industrial application, that is, the style of the product.

It also includes designs characterized by simple flat patterns.

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.

Article 3 The patent administration department shall be responsible for the management of patent work nationwide; Uniformly accept and examine patent applications, and grant patent rights in accordance with the law.

The departments of provinces, autonomous regions and municipalities directly under the Central Government in charge of patent work shall be responsible for the administration of patents within their respective administrative regions.

Legal Analysis: No. Utility model applications are utility model patents, and invention patents are two different types of digital patents, both of which are protected by the Patent Law, but in fact, the scope of technical protection of the two is different, and the examination requirements are also different, so the two cannot be classified into one category.

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

Article 7 No unit or individual may suppress an inventor's or designer's application for a patent for a non-service invention-creation.

Article 8 Unless otherwise agreed, the right to apply for a patent for an invention-creation completed by two or more units or individuals, or an invention-creation completed by one unit or individual entrusted by another unit or individual, shall belong to the unit or individual that completed or jointly completed the invention-creation; After the application is approved, the applicant is the patentee.

Article 9 Only one patent may 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. If two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the person who filed the first invention.

As an applicant or inventor, the most important concern is whether the patent can be granted. Of course, this is also what everyone is looking forward to. The most important thing we do before applying is to do our best to eliminate the factors that affect the authorization.

If we want to do this, the first thing we need to understand is that there are three conditions necessary to apply for the grant of invention and utility model patents.

According to Article 22 of the Patent Law of the People's Republic of China, invention and utility model patents for which a patent right is granted shall be novel; Creativity and practicality.

1. 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 National Naqiao Patent Office before the filing date, and it has been recorded in the patent application documents or published patent documents published after the filing date.

The prior art shall be the technical content that can be known to the public before the filing date. In other words, the prior art should be in a state of public availability prior to the filing date and contain technology that would enable the public to have substantial technical knowledge known from it.

2. Inventiveness refers to the fact that compared with the prior art, the invention has outstanding substantive features and significant progress, and the utility model has substantial characteristics and progress.

Substantive features refer to the fact that the invention is not obvious to a person skilled in the art to which it belongs in relation to the prior art. Significant progress refers to the invention that overcomes the shortcomings and deficiencies existing in the prior art, or provides a technical solution of different ideas to solve a certain technical problem.

3. Practicability refers to the fact that the subject matter of the invention or utility model application can be manufactured or used in the industry and can produce positive effects. It is manufactured or used in the industry. It refers to any implementable technical solution that conforms to the laws of nature and has technical characteristics.

These solutions include not only products, but also methods for converting energy from one form to another. Note: When examining the examiner, the first thing to examine is practicability, and the above three conditions are indispensable.

In order to grant an invention patent or a utility model patent, it is necessary to have novelty, that is, the prior art must be in a state that can be obtained by the public before the filing date and contain the technology that can make the public aware of the substantial technical knowledge from it. Second, it has creativity, outstanding substantive characteristics, and rapid progress. Third, it is practical, that is, it can produce positive effects.

Patents for inventions and utility models for which patents are granted shall be novel; Creativity and practicality.

Many people want to obtain a patent when they have an invention or utility model, because in this way they will prevent others from stealing their patents and obtain greater economic benefits for themselves. However, there must be certain conditions for granting utility models and invention patents, and China's Patent Law stipulates that they are actually the necessary conditions for granting invention patents and utility model patents.