What is a utility model?

The utility model is an invention described in the patent law, which can also be called a patent.

Invention-creation as mentioned in the Patent Law refers to inventions, utility models and designs.

Among them, utility model refers to a new practical technical scheme for the shape, structure or combination of products.

The fundamental difference between invention patent and utility model patent

1. Invention

Invention as mentioned in the patent law refers to a new technical scheme proposed for a product, method or its improvement.

(1) The invention is a new technical scheme.

Technical scheme refers to the concrete idea of using natural laws to solve a specific technical problem in human production and life, and it is a scheme that uses natural laws and natural forces to make it produce certain effects. The technical scheme generally consists of several technical features. For example, the technical features of the product technical scheme can be shapes, structures, components, materials, appliances, equipment and devices. Methods The technical features of the technical scheme can be process, steps, flow, time, temperature, pressure, equipment and tools used, etc. The interrelation between various technical features is also a technical feature.

(2) Inventions are divided into product inventions and method inventions.

Product inventions include all inventions made by objects created by people.

Methods Inventions include all methods that make use of natural laws, which can be divided into manufacturing methods and operating methods, such as inventions made in processing methods, manufacturing methods, inspection methods or product use methods.

An invention protected by the patent law can also be an improvement of an existing product or method. Most inventions are correct.

Improvements to the existing technology, such as new combinations of certain technical features and new choices of certain technical features, are patentable inventions as long as these combinations or choices produce new technical effects.

2. utility model

The utility model mentioned in the patent law refers to a new technical scheme for real nails, which is put forward for the shape, structure or combination of products.

The utility model is similar to the invention in that the utility model must also be a technical scheme, but it cannot be.

It is an abstract concept or theoretical expression. The difference between utility model and invention lies in that, firstly, utility model is limited to products with certain shapes, and cannot be methods, such as production methods, test methods, treatment methods and application methods, nor can it be products without fixed shapes, such as drugs, chemicals and cement. Second, the utility model is not too creative, but it is very practical.

What is a utility model?

The detailed rules for the implementation of the patent law stipulate that "utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products". It can be seen that the utility model is also a technical scheme. This has something in common with the present invention, but there are important differences in other aspects. First, the utility model is limited to products, and the process method does not belong to the utility model; Second, the utility model must have a certain shape or structure, or a combination of the two; Third, the creativity requirement of utility model is lower than that of invention, but the practicality is higher than that of invention; Fourth, the patent right of utility model is granted without substantive examination, and the examination and approval procedure is simpler than that of invention, so the examination and approval period is short, the cost is low, and the patent protection period is short, so it is better to apply for utility model for small inventions with certain shapes.

What does the utility model in the patent mean?

Patent for utility model: refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. A patent for utility model shall have the following characteristics; First, the utility model must be a product and suitable for practical products. Such as instruments, equipment, appliances or daily necessities; Second, it must have a certain shape and structure. If it is a substance with no fixed form, such as gas, liquid, powdery solid (sugar, flour), etc. It can't be the object of protection of utility model patent. What is a patent is the abbreviation of patent right, that is, the state grants the inventor or his successor the exclusive right to use his invention and creation within a certain period of time according to law. Patent is a legal system that enables applicants to make profits through their inventions. Within the time and geographical scope of patent protection, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes, or use its patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods. In order to obtain a patent, the applicant must disclose the contents of his invention to the public, and once the patent right expires, the invention becomes a well-known technology and can be used by others for free. During the term of patent protection, the patentee monopolizes all the rights of the invention, and can make profits by exploiting, transferring or licensing it himself. 2. Types of patents An invention patent is a new technical scheme for a product, method or its improvement, with a protection period of 20 years; Utility model refers to a new practical technical scheme for the shape, structure or combination of products, and the protection period is 10 year; Appearance design refers to a new design with aesthetic feeling and suitable for industrial application, and the protection period is 10 year. The above period shall be counted from the date of application and may not be extended after expiration. Seize the opportunity when the idea of the invention is just taking shape in the mind, even if it has not been successful at this time, the applicant should record the content of the invention. Once the invention is completed, it is necessary to immediately determine which content can be patented. On the basis of patent search, it is best to get the help of a licensed patent agent. As China adopts the first application system, it is very important to submit a patent application to the Patent Office as soon as possible after the evaluation. The same invention-creation can only be granted a patent right, which belongs to the first applicant. Keep it strictly confidential before applying, because publicity will lose novelty. Applicants who write patent application documents usually hire licensed patent agents to help them apply for patents. After the two parties sign the entrustment agreement, the applicant will generally provide the patent disclosure materials, and the agent will write the documents according to the contents of the disclosure materials. Patent application documents include specification, claims, drawings of specification, abstract of specification, etc. Among them, the patent claim is a legal document to determine the scope of patent protection, while other documents disclose the invention in detail and give literal and substantive support to the scope of patent protection. Patent Search Next, the applicant needs to conduct a comprehensive patent novelty search, including not only China patents, but also China's scientific research papers, foreign patent documents and public publications. If you can't retrieve the same or similar existing technology as the invention, you can consider applying for a patent as soon as possible. Generally speaking, a licensed patent agent can provide valuable reference information for the applicant. There are millions of patent documents in China National Intellectual Property Administration's websites and archives, and free patent databases are opened on the websites of patent departments in various countries for public inquiry. Computer retrieval is not enough. Computer checking is very helpful in many cases, but it is not foolproof. Depending on the database used, the user's retrieval experience and language level, there will be different retrieval results, and sometimes important information, such as key pictures or chemical structures, will be missed. In addition, if the user doesn't know how to use the network resources and lacks the novelty and creativity of the law, he will not be able to make a correct judgment on the search results. Therefore, it is best to entrust China National Intellectual Property Administration Patent Office to search, which has the most comprehensive database resources in China. Searchers generally come from Patent examiners and have rich search experience and good foreign language skills. As the retrieval report given by the Patent Office is not analyzed, the applicant had better entrust a practicing patent agent to help judge and analyze. After the retrieval of the patent application process is completed ......

What is a utility model? One dozen two.

A technical scheme, simultaneously applying for invention and utility model patents.

What exactly does a utility model patent mean?

If not, you can apply for a patent for invention. There are many lighters, but yours is better than others, more energy-saving, more convenient and safer. You can apply for a utility model patent. Others can't copy yours, but they can produce lighters different from yours. As long as you can prove that his product has the same characteristics as your patent, then he is infringing.

What are the requirements for applying for a patent for utility model?

Patent: refers to a new practical technical scheme for the shape, structure or combination of products. The utility model shall be a product patent application. Conditions for granting a patent for utility model: 1. Novelty: It means that before the filing date, no identical invention or utility model has been published in publications at home and abroad, publicly used in China or known to the public in other ways, and no identical invention or utility model has been applied to the patent administration department in the State Council by others and recorded in the patent application documents published after the filing date. 2. Creativity: Compared with the existing technology before the filing date, the utility model has substantial features and progress. 3. Practicality: It means that the utility model can be manufactured or used and can produce positive effects. Materials to be submitted for application: 1, name of utility model patent; 2. Technical field and background of utility model patent; 3. The purpose of the utility model is realized; 4. Technical scheme to achieve the purpose of utility model: the product utility model requires a detailed description of the product structure; 5. Attached drawings (attached drawings are required): You can clearly see the structure of the product and distinguish the connection relationship of each part, but it is an exploded view, a sectional view, etc. 6. Specific embodiment (complete the specific implementation of this utility model); 7. The best effect that the utility model can achieve; 8. The applicant needs the seal of the unit; Personal signature of the applicant for personal needs; 9. A copy of the business license required by the applicant; If the applicant is an individual, a copy of the personal identity card is required; 10, providing the applicant's name, detailed address, telephone number, postcode, designer's name and other clear materials. Note: 1. The patent name shall briefly and accurately indicate the subject name of the patent for protection, and shall not contain non-technical words and vague and general words, generally not exceeding 25 words; 2. The technical field to which the technical scheme to be protected belongs shall be the specific technical field to which it belongs or is directly applicable; 3. In the background section, especially the existing technical documents containing the closest utility model patent application should be cited. In addition, it is necessary to objectively point out the problems and deficiencies in the background technology, explain the reasons for these problems and deficiencies and the difficulties encountered in solving these problems; 4. Aiming at the defects and deficiencies in the prior art, this technical scheme objectively and truthfully reflects the technical problems to be solved by the utility model, further explains its effects, clearly and completely describes the technical characteristics of the technical scheme adopted by the invention or utility model to solve its technical problems, and at the same time explains the beneficial effects; 5. If there are drawings, the name of the drawings shall be indicated, and the contents of the drawings shall be briefly explained. In the case of many parts, it is allowed to explain the specific parts names in the attached drawings in the form of a list; 6. Time required: It usually takes about 8~ 12 months from application to authorization, and the utility model patent certificate will be issued within three months after the authorization procedure is completed.

What are the characteristics of utility model patents?

First, utility model patents only protect products. Products should be manufactured by industrial methods and occupy a certain space. All related methods (including the use of products) and natural objects that have not been artificially manufactured are not protected by utility model patents.

Second, the creativity of the utility model is not too high, but it is very practical and of great practical value.

Third, protect patent rights by simplifying the examination and approval procedures, shortening the protection period and lowering the charging standards.

What is the main difference between "invention" and "utility model" in patent types?

Invention: refers to a new technical scheme proposed for a product, method or its improvement.

Utility model: a new practical technical scheme for the shape, structure or combination of products.

What are the utility model patents?

Yes, you can also ask him to apply for a patent for free after you have successfully applied for it to offset the cost. According to Article 51 of the Patent Law, an invention or utility model that has been patented is a major technological progress with great economic significance compared with the invention or utility model that has been patented before, and its implementation depends on the implementation of the previous invention or utility model. The patent administration department in the State Council may grant a compulsory license to exploit the previous invention or utility model upon the application of the latter patentee. . . . . . . In other words, your patent depends on the previous patent and is a subordinate invention. . . . Article 57 A unit or individual that has obtained a compulsory license for exploitation (that is, you) shall pay a reasonable royalty to the patentee, or handle the royalty in accordance with the provisions of relevant international treaties to which People's Republic of China (PRC) is a party. If the user fee is paid, the amount shall be negotiated by both parties; If both parties fail to reach an agreement, it shall be decided by the patent administration department of the State Council. . . . In short, in fact, the cost depends on your agreement, and many of them are based on licensing the last patentee to use the new patent, not the cost. . Of course, you can arrange it yourself. 1。 . You have to pay that person to get a compulsory license. . . 2。 . Of course, the right to use is still yours, but you can't harm the rights of the previous patentee when using the right.