Definition of utility model patent

question 1: 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. The utility model patent should 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, powder solid (sugar, flour), etc., it cannot 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 method and use, promise to sell, sell or import products directly obtained according to the patented method. 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 patent protection period, 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, which is protected for 2 years; Utility model refers to a new technical scheme suitable for practical use, which is put forward to protect the shape, structure or combination of products for 1 years; Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and the combination of color and shape and pattern, and is protected for 1 years. The above period is calculated from the date of application and cannot be extended upon expiration. Seize the opportunity when the idea of the invention has just taken 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 judge which content can apply for patent protection. On the basis of patent search, it is best to get the help of licensed patent agents. As China adopts the first application system, it is very important to submit the patent application to the patent office as soon as possible after the evaluation. Only one patent right is granted for the same invention, and this right belongs to the person who applied first. Before the application, it should be kept strictly confidential, and the novelty will be lost because of the publicity. The applicant who writes the patent application documents will usually hire a licensed patent agent to help with the patent application. 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, patent claims, appended drawings of specification, abstract of specification, etc. 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 substantial support to the scope of protection of the patent claim. Patent Retrieval Next, the applicant needs to conduct a comprehensive patent novelty retrieval, which covers not only China patents, but also China's scientific research papers, foreign patent documents and public publications. If no existing technology with the same or similar invention content is retrieved, 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 have been opened on the websites of patent departments in various countries for public inquiry. Computer retrieval is not enough. Computer inspection has helped a lot 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 online resources and lacks the understanding of novelty and creativity stipulated by law, he will not be able to make a correct judgment on the search results. Therefore, it is better to entrust China National Intellectual Property Administration Patent Office to search, which has the most comprehensive database resources in China. The searchers are generally from Patent examiners, with rich search experience and good foreign language ability. As the retrieval report given by the Patent Office is not analyzed, it is best for the applicant to entrust a practicing patent agent to help make judgment and analysis. After the retrieval of the patent application process ..... > >

question 2: fundamental difference between invention patent and utility model patent 1. invention

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

(1) Invention is a new technical scheme

A technical scheme refers to a 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 produce certain effects. The technical scheme generally consists of several technical features. For example, the technical features of the product technical scheme can be the shapes, structures, components, materials, appliances, equipment and devices, etc. Methods The technical features of the technical scheme can be technology, steps, process, time, temperature, pressure, equipment and tools used, etc. The interrelation between various technical features is also a technical feature.

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

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

method inventions include all methods that use natural laws, and can be divided into two types: manufacturing methods and operating methods, such as inventions made for processing methods, manufacturing methods, testing methods or product use methods.

An invention protected by the patent law can also be an improvement on an existing product or method. The vast majority of inventions are improvements on

existing technology, such as new combination of certain technical features and new selection of certain technical features. As long as these combinations or selections produce new technical effects, they are inventions that can be patented.

2. utility model

the utility model mentioned in the patent law refers to a new technical scheme for the shape, structure or combination of products, which is suitable for solid nailing.

The similarity between utility model and invention lies in that utility model must also be a technical scheme, not 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 it cannot be a method, such as production method, test method, treatment method and application method, nor can it be products without fixed shapes, such as medicines, chemicals and cement. Second, the creativity of the utility model is not too high, but it is practical.

question 3: definition of utility model patent ① regarding utility model, some countries have not listed it as an independent object of patent protection, but have protected it in invention patents. In other countries, utility model is listed as an independent object of patent protection, and this utility model mainly refers to small inventions. The reason why the state protects utility models is to encourage the creation of small inventions with low cost and short development cycle, so as to meet the needs of economic development more quickly. (2) The Paris Convention does not stipulate the concept of utility model, but stipulates that utility model enjoys the benefit of invention patent. The Agreement on Trade-Related Aspects of Knowledge also does not separately stipulate the patent type of utility model. China's Patent Law clearly regards the utility model as one of the objects of patent protection, and stipulates that the utility model patent refers to a new practical technical scheme proposed by the product shape, structure or their combination. The technical scheme is lower than the invention patent in technical level.

question 4: what exactly does a utility model patent mean? If you don't have something, you can apply for a patent for invention. There are many lighters, but yours is better, more energy-saving, more convenient and safer than others, so you can apply for a patent for utility model. Others can't copy yours, but they can produce lighters different from yours. As long as you can prove that his products have the same characteristics as your patents, then he is infringing.

Question 5: What utility models do utility model patents include? The shape of products without definite shape, such as gaseous, liquid, powdery and granular substances or materials, cannot be used as the shape characteristics of utility model products.

the product structure referred to in the utility model patent refers to the arrangement, organization and relationship of various components of the product.

Question 6: What exactly does the protection of utility model patent include? If the technical scheme is the same, you can't continue to apply. China implements the first application system, which means that whoever applies for the patent right first belongs to him, and no one else can apply. If you change some designs, you can apply, but it should be noted that whether the contents you change are creative, novel and practical (Article 22 of the Patent Law), if it is a technical scheme that can be directly replaced by technicians in the same field, the authorization intention is very small. I hope it will help you, and hope to adopt it.

question 7: application conditions of patent for utility model utility model refers to a new technical scheme for the shape, structure or combination of products, which is also called a small invention or patent. Its creativity and technical level are lower than that of invention patents, but it is of great practical value. In the examination and approval of patent rights, we should simplify the examination and approval procedures, shorten the protection period and lower the charging standard to protect it. Regarding utility models, some countries have not listed them as independent objects of patent protection, but have protected them in invention patents. In other countries, utility model is listed as an independent object of patent protection, and this utility model mainly refers to small inventions.

1. Documents and materials to be provided

1. Provide necessary information:

Name of the invention applied for, name, address and nationality of the inventor, and name, address and nationality of the applicant. If so, does the invention patent require disclosure in advance, and does it require substantive examination at the same time as the application is submitted?

2. technical disclosure:

includes the name of the invention, the technical field of the invention, the existing technical situation in the technical field, the purpose of the invention, the technical scheme for realizing the invention, and the implementation effect of the technology. If necessary, drawings can be provided to explain the invention.

II. Precautions and related explanations

(I) Description of agency

1. A method invention or product invention is a substance with no fixed shape, and only an invention patent can be applied, but not a utility model patent. Utility model refers to a new practical technical scheme for the shape, structure or combination of products.

2. according to the contents of the technical disclosure provided by the applicant, the agent writes application documents, including instructions, claims, abstracts and drawings, and submits them to the applicant for review and signature before submitting them to the patent office.

3. If the applicant changes his address or contacts, please inform us in time, so as not to receive the relevant notices and materials.

(II) Procedural explanation

1. At any time within three years from the date of application, the examination fee shall be paid for the request for a patent for invention.

2. After receiving the authorization notice and the registration notice, the applicant shall go through the registration formalities and pay the prescribed fees according to the requirements of the notice within the specified time. Failing to go through the registration formalities according to the provisions, or failing to do so within the time limit, shall be regarded as giving up the right to obtain a patent.

3. After the patent right is granted, the patentee has to pay the annual patent fee every year. If there is a six-month overdue period, he can still pay the annual fee, but he has to pay a late fee. If the annual fee and late payment fee of this year have not been paid or fully paid at the expiration of the patent annual fee, the patent right shall be terminated from the date of expiration of the previous year.

4. The difference between an invention and a new patent lies in:

■ Protection of the object: the invention protects the product and method, while the utility model only protects the shape and structure of the product

■ Review system: examination of the essence of the invention; In the preliminary examination of utility model, the standard of creativity is slightly lower than that of invention. Article 22

■ Protection period: 2 years of invention, 1 years of utility model

■ Different expenses: low expenses of utility model

III. Instructions for handling

If you apply for an invention or a new patent, please contact our customer service staff directly to ask for the requirements and explanations of patent technical disclosure, so as to understand how to provide all the documents and materials needed for patent application.

The fees charged for patent application only include the fees for writing materials, submitting and various formalities before authorization. If authorization is granted, the authorization fee and the first annual fee payable at the time of authorization are not included.

utility model patent

utility model patent refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. The application for a patent for utility model shall be subject to a preliminary examination system, and the protection period shall be ten years, counting from the date of application.

conditions for granting a patent for utility model: novelty, creativity and practicality.

Novelty means that no identical invention-creation has been published in domestic and foreign publications, used in China or known to the public in other ways before the filing date, and no identical invention-creation has been filed with the Patent Office by others and recorded in the patent application documents.

creativity means that compared with the existing technology before the filing date, the invention has substantial characteristics and progress.

Practicality means that the invention can be manufactured or used, and can produce positive effects.

Materials required to apply for a patent for utility model:

Provide a technical disclosure with the following contents:

1. Name of the invention and its technical field;

2. Carry out related existing technologies ... >; >

question 8: what does the utility model patent mean? Patent for utility model in the Patent Law refers to a new technical scheme for the shape, structure or combination of products, which is suitable for practical use. Any product structure, shape or combination of structure and shape shall apply for a patent for utility model. The protection period is 1 years. The difference between utility model and invention lies in: firstly, utility model is limited to products with a certain shape, and cannot be a method or a product without a fixed shape; Second, the creativity of the utility model is not too high, but it is practical. The shape of a product refers to the definite spatial shape that the product has and can be observed from the outside. The technical scheme proposed for the product shape can be the technical scheme proposed for the three-dimensional shape of the product, such as the improvement of the cam shape and the cutter shape; It can also be a technical proposal for the two-dimensional shape of the product, such as the cross-sectional shape of the profile.