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Domestic patents include three types: invention, utility model and design. According to the relevant legal provisions, patents refer to inventions, utility models and designs. An invention refers to an innovative technical solution proposed for a product.
Utility model refers to the innovative technical solution proposed for the shape and structure of a product. A design is an innovative design of the appearance of a product.
[Legal basis].
Article 1 of the Patent Law of the People's Republic of China, which came into effect on June 1, 2021.
This Law is enacted in order to protect the legitimate rights and interests of patentees, encourage inventions and creations, promote the application of inventions and creations, improve innovation capabilities, and promote scientific and technological progress and economic and social development.
Article 2. 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.
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China's patent law stipulates that there are three types of patents in China: invention patents, utility model patents, and design patents. (Different countries or regions will have different classifications, such as:
There is only one invention patent in the patent law of the European Union) 1. Invention patent invention patent invention refers to a new technical solution proposed for a product, process or its improvement, which mainly reflects novelty, inventiveness and practicability.
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"The basic type of patent".
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There are three types: invention patents, utility model patents and design patentsInvention patentsIt refers to the new technical solution proposed for the product, method or its improvement. It is further divided into product invention and method invention of technical solutions.
Utility model patentsIt refers to the new technical solution suitable for practical use proposed for the shape, structure or combination of products.
Design patentsIt refers to the new design of the shape, pattern or combination of the product, as well as the combination of color and shape and pattern, which is aesthetically pleasing and suitable for industrial application, that is, the style of the product.
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Legal Analysis: The three types of patents are: invention patents, utility model patents, and design patents.
Legal basis: Patent Law of the People's Republic of China Article 2 An 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, structure or combination thereof of a product.
A design is a new design that is aesthetically pleasing and suitable for industrial application of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern of a product.
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Legal analysis: China's patent types include three types: simple and virtual, including utility model patents, and design patents.
Legal basis: Patent Law of the People's Republic of China Article 3 The Patent Administration Department of the State Council 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.
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