The difference between the three types of patents:
1. Protection period
The protection period for invention patents in my country is 20 years from the date of application, for utility models and designs The protection period is 10 years from the filing date. The protection period for utility models and designs is much shorter than that for inventions. Because the creation process of utility models and designs is simpler and easier than that of inventions, and the time to realize their benefits is much shorter, the legal provisions on their protection period are correspondingly shorter.
2. Scope of protection
Inventions include product inventions and method inventions. In product inventions, inventions can be directed not only to products with a certain shape, but also to products without specific shapes. Utility model patents are limited to product inventions, and are limited to practical new ideas proposed for the shape, composition or combination of the product. technical solutions. Methods cannot apply for utility model patents. At the same time, products that have nothing to do with shape, structure or combination thereof cannot apply for utility model patents.
1. Invention patents
Article 2, paragraph 2, of my country’s Patent Law defines invention as: “Invention refers to a new product, method or improvement thereof. "Technical solutions." An invention patent does not require that it be a technical achievement that has been proven to be directly applicable to industrial production. It can be a solution to a technical problem or an idea that has the possibility of industrial application. However, this kind of technical solution or idea cannot be confused with simply proposing a project or idea, because a simple project or idea does not have the possibility of industrial application.
2. Utility model patents
Article 2, paragraph 3, of my country’s Patent Law defines utility models as: “Utility models refer to the shape, structure or other features of a product. Combined with the proposed new technical solution that is suitable for practical use. "Similar to inventions, utility models also protect a technical solution. However, the scope of utility model patent protection is narrow. It only protects new products with a certain shape or structure, but does not protect methods and substances without fixed shapes. The technical solutions of utility models pay more attention to practicality, and their technical level is lower than that of inventions. Utility model patents in most countries protect relatively simple and improved technical inventions, which can be called "small inventions." A utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use. The grant of a utility model patent does not require substantive examination. The procedure is relatively simple and the cost is low. Therefore, it is applicable to daily necessities, machinery, Small inventions for tangible products such as electrical appliances are more suitable for applying for utility model patents.
3. Design Patent
Appearance Design Patent Article 2, Paragraph 4 of my country’s Patent Law defines design as: “Design refers to the shape, shape, and appearance of a product. Patterns or their combinations, as well as new designs that are aesthetically pleasing and suitable for industrial application, as well as the combination of colors, shapes and patterns." Article 23 of the Patent Law stipulates the conditions for granting patent rights. The design shall not belong to the existing design; and no unit or individual has applied for the same design to the patent administration department of the State Council before the application date, and it shall be recorded in the patent documents published after the application date." "Grant The patented design should be significantly different from the existing design or combination of existing design features," and "the patented design must not conflict with the legal rights that others have acquired before the filing date."