What is a utility model patent and what are its characteristics?

What is a utility model patent and what are its characteristics? For utility model patents called gizmos, the requirements of patent law are not as strict as those of other types of patents. But we still need to know which technologies can be applied and what their characteristics are. Let's take a closer look at the following intellectual property rights.

What is a utility model patent?

China's patent law clearly regards utility model as one of the objects of patent protection, and stipulates that utility model patent refers to a new practical technical scheme that is lower than invention patent in technical level by product shape, structure or their combination.

(1) The shape of the product mentioned in the utility model patent refers to the definite spatial shape of the product that can be observed from the outside. Products such as gaseous, liquid, powdery, granular substances or materials that have no definite shape cannot be used as the shape characteristics of utility model products.

(2) The product structure mentioned in the patent for utility model refers to the arrangement, organization and relationship of various components of the product.

Technology that can apply for a patent for utility model

Only for the shape, structure or combination of the product, a new technical scheme suitable for practical use is put forward, that is, the method or formula of the product does not belong to the object of utility model, but the structure of the product can apply for a patent for utility model.

Characteristics of utility model patents

1. The scope of protection of utility model patents and invention patents is different, so important patented technologies can be protected from more angles to supplement core technologies.

2. Low cost, not only the application cost is much less than the invention patent, but also the maintenance cost of the utility model patent is much less. For the utility model patents with reduced fees, they can enjoy the national patent fee reduction and exemption within the patent validity period after 18 August (10 year), and the lower fees also make the threshold of patent marketization relatively low.

3. The examination time of utility model patent is short, and the authorization time is fast. Patent technology can be made public and market-oriented at a faster speed, which is of great significance for short life cycle and rapid market update. Time is everything for enterprises. Only by seizing the opportunity can we gain a favorable position in the competition.

When an enterprise applies for a patent, it can choose to declare it separately, or it can choose to declare both utility model and invention at the same time.

Just applying for an invention patent usually takes two to three years, which means there is no patent during this period. However, the time from application to authorization of utility model patent is relatively short, about 7 to 14 months. If both patents are applied, the early authorization of utility model can protect the invention as soon as possible. Once the invention patent is authorized, the utility model patent right can be abandoned. In this way, the invention can be protected by law in the shortest time.

The above are utility model patents. What is this? Related content of. If you have any questions about patent application, patent change or other intellectual property rights, please consult a professional intellectual property consultant.

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