Definition of utility model patent

Question 1: What is the meaning of utility model in patent? Utility model patent: refers to the shape of the product, the structure or the combination thereof proposed new technical solutions suitable for practical use. Utility model patents should have the following characteristics; First, the utility model must be a product and suitable for practical products. Such as apparatus, equipment, utensils or daily necessities; secondly, it must have a certain shape and structure. Substances without a fixed form, such as gases, liquids, powdered solids (sugar, flour), etc., cannot be the object of utility model patent protection.　　What is a Patent A patent is short for Patent Right, which is the right granted by the state to an inventor or his/her successor to use his/her invention exclusively for a certain period of time in accordance with the law. A patent is a legal system that enables an applicant to make a profit from his or her invention. Within the time and geographical scope of patent protection, no unit or individual may implement the patent without the permission of the patentee, i.e., they may not manufacture, use, promise to sell, sell or import their patented products for the purpose of production and business, or use their patented methods, as well as the products obtained directly according to the patented methods, without the permission of the patentee. In order to obtain a patent, the applicant must disclose the content of his invention to the public, and once the patent expires, the invention becomes public knowledge and can be used by others without compensation. During the patent protection period, the patentee exclusively owns the rights of the invention and can profit from its own implementation, transfer or licensing. 2. Types of Patents A patent for invention is a new technical solution for a product, method or improvement thereof, with a protection period of 20 years; a utility model is a new technical solution for the shape, construction or combination of a product which is suitable for practical use, with a protection period of 10 years; a design is a new technical solution for the shape, pattern or combination of a product, with a protection period of 10 years; and a patent for the shape, pattern or combination of a product which is suitable for practical use, with a protection period of 10 years. Design refers to the new design of the shape, pattern or combination thereof of the product, as well as the combination of color and shape or pattern, which is aesthetically pleasing and suitable for industrial application, and is protected for 10 years. The above periods are calculated from the filing date and cannot be renewed upon expiration.　　Seizing the Moment As soon as the idea of an invention takes shape in the mind, even if it has not yet succeeded, it is time for the applicant to record the contents of the invention, and once the invention is completed, to immediately determine which contents can be applied for patent protection. Evaluation is done on the basis of a patent search, preferably with the help of a licensed patent attorney. It is crucial to submit the patent application to the Patent Office as soon as possible after the evaluation, as the first-to-file system is adopted in China. Only one patent right is granted for the same invention content, and that right belongs to the person who filed the first application. Strict confidentiality should be maintained prior to filing the application, and novelty should be lost due to disclosure.　　Writing Patent Application Documents The applicant usually hires a licensed patent attorney to help with the patent application. After both parties sign an engagement agreement, the applicant usually provides the patent submission, and the attorney writes the documents according to the content of the submission. Patent application documents include the specification, claims, drawings attached to the specification, abstract of the specification, etc., of which the claims are legal documents that determine the scope of protection of the patent, and other documents make detailed disclosure of the invention and give textual and substantive support to the scope of protection of the claims.　　Patent Search Next, the applicant needs to conduct a comprehensive patent search, which covers not only Chinese patents, but also Chinese scientific research papers, foreign patent documents and open publications. If no prior art identical or similar to the invention is found, then the applicant may consider applying for a patent as soon as possible. Generally, a practicing patent attorney is able to provide the applicant with valuable reference information. The State Intellectual Property Office maintains millions of patent documents on its website and in its documentation library, and the websites of various national patent departments have opened free patent databases for public access. Computerized search is not sufficient The machine search method has helped a lot in many cases, but it is not foolproof. Depending on the database used, the user's search experience and language level, there will be different search results, and sometimes important information, such as key images or chemical structure formulas, may be missed. In addition, if the user does not know how to utilize the resources on the Internet and lacks the understanding of novelty and creativity as required by the law, he will not be able to make a correct judgment on the search results. Therefore, it is better to entrust the search to the Patent Office of the State Intellectual Property Office, which has the most comprehensive database resources in China, and the searchers are usually patent examiners with rich experience in searching and good foreign language skills. Since the search report given by the Patent Office does not do analysis, it is better for the applicant to appoint a licensed patent attorney to help with the judgment and analysis.　　Patent Application Process After the search is completed ...... >>

Question 2: The fundamental difference between invention and utility model patents 1. Invention

An invention, as referred to in the Patent Law, refers to a new technical solution proposed for a product, method or improvement thereof.

(1) An invention is a new technical program

A technical program refers to the specific idea of using the laws of nature to solve a particular technical problem in human production and life, and it is a program that makes use of the laws of nature and the forces of nature to produce a certain effect. Technical program generally consists of a number of technical features. For example, the technical characteristics of the product technical program can be the shape, structure, composition, size and so on of the parts, components, materials, appliances, equipment, devices; the technical characteristics of the method technical program can be the process, steps, procedures, the time involved, temperature, pressure, and the equipment and tools used and so on. The interrelationship between the various technical features are also technical features.

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

Product inventions include all inventions made by people who create objects.

Method inventions include all methods that utilize the laws of nature, and can be divided into two types: manufacturing methods and operation methods, such as inventions made in processing methods, manufacturing methods, testing methods, or methods of using products, etc.

(3) Patent inventions can be divided into two types: product inventions and method inventions.

Patentable inventions can also be improvements to existing products or methods. The vast majority of inventions are improvements to existing technologies, such as new combinations of certain technical features, new choices of certain technical features, etc. As long as these combinations or choices produce new technical effects, they are inventions that can be protected by patents.

2. Utility model

A utility model, as referred to in the Patent Law, is a new technical solution for the shape, structure or combination of products that is suitable for practical use.

The utility model is similar to the invention in that the utility model must also be a technical solution, and cannot be an abstract concept or theoretical expression. The difference between a utility model and an invention is that, firstly, a utility model is limited to a product with a certain shape, which cannot be a method, such as a production method, a test method, a treatment method and an application method, etc., or a product without a fixed shape, such as a pharmaceutical product, a chemical substance, a cement, etc.; and, secondly, there is less requirement of creativity for the utility model, and a higher degree of practicality.

Question 3: Definition of Utility Model Patent ① Regarding utility model, some countries do not list it as an independent object of patent protection, but put it in the invention patent for protection. In other countries, utility models are listed as an independent object of patent protection, the utility model is mainly refers to small inventions. The reason why the state protects the utility model, the purpose is to encourage the creation of low-cost, short development cycle of small inventions, faster to adapt to the needs of economic development. The Paris Convention does not provide for the concept of utility models, but provides that utility models enjoy the benefits of invention patents. The Agreement on Trade-Related Aspects of Knowledge (TRIPS) also does not separately provide for utility models as a type of patent. China's Patent Law explicitly treats utility models as one of the objects of patent protection, stipulating that a utility model patent refers to: a new technical program suitable for practical use proposed by the shape, structure or combination thereof of a product. The technical program is lower than the invention patent in terms of technical level.

Question 4: What exactly does a utility model patent refer to? There is no such thing, you can apply for a patent for invention. Lighters are many, but yours is better than others, more energy efficient, more convenient, more secure, then you can apply for a utility model patent. No one else can imitate yours. But they can produce lighters that are different from yours. As long as you can prove that his product and your patent is the same characteristics, then, he is an infringement.

Question 5: What is included in the utility model patent The utility model patent refers to the shape of the product, refers to the product has, can be observed from the outside of the determined spatial shape. Products without a definite shape, such as gaseous, liquid, powdery, granular substances or materials, the shape of which can not be characterized as the shape of the utility model product.

A utility model patent refers to the construction of a product as the arrangement, organization and interrelationship of the various components of the product.

Question 6: What is included in the protection of utility model patents? If the technical program is the same, then you can not continue to apply for, our country is the implementation of the first to apply for the system, that is to say, whoever applies for a patent is who, others can not reapply. If you change some of the design can be applied, but need to pay attention to is, you change the content of the creativity, novelty, utility (Patent Law 22), if it is the same field of technical personnel can be directly replaced by the technical program, authorization intention is very small. I hope to help you, hope to adopt.

Question 7: the application conditions for utility model patents Utility model refers to the shape of the product, the structure or its combination of new technical solutions suitable for practical use, also known as the small invention or small patent. Its creativity and technical level is lower than the invention patent, but the practical value is large, and it is protected by simplifying the examination and approval procedure, shortening the term of protection and lowering the fee in the examination and approval of patent right. Regarding utility models, some countries do not list them as independent objects of patent protection, but put them under the protection of invention patents. In some other countries, utility models are listed as independent objects of patent protection, and such utility models mainly refer to small inventions.

I. Documents and materials to be provided

1. Provide the necessary information:

The name of the invention applied for, the inventor's name, address, nationality, the applicant's name or name, address, nationality. If it is a patent for invention whether it is required to be disclosed in advance, whether it is required to request a substantive review at the same time the application is submitted.

2, technical submission:

Containing the name of the invention, the technical field of the invention, the prior art situation in the technical field, the purpose of the invention and the realization of the invention of the technical program, the implementation of the technical effect, if necessary, can be provided with accompanying drawings to illustrate the invention.

Second, notes and related instructions

(a) agent instructions

1, the method invention or product invention is a substance without a fixed shape, can only apply for a patent for invention, but not for a utility model patent. Utility model, refers to the shape of the product, the structure or its combination of new technical solutions suitable for practical use.

2, the agent in accordance with the applicant to provide the content of the technical submission, writing the application documents: including the specification, claims, abstracts and drawings, before submitting to the Patent Office to the applicant to review and sign.

3. If the applicant has a change of address or a change of contact person, please notify us in time, so as not to be unable to receive the relevant notices and materials.

(II) Procedural Instructions

1, the period of time for requesting a patent examination is any time within three years from the filing date, and the examination fee is payable for requesting a patent examination.

2. After the applicant receives the notification of authorization and the notification of registration formalities, the applicant shall go through the registration formalities in accordance with the requirements of the notification within the prescribed time and pay the prescribed fees. If the applicant fails to comply with the registration formalities, or if the registration formalities are overdue, the applicant shall be deemed to have given up the right to obtain a patent.

3, after the grant of the patent, the patentee to pay the annual patent fee, late six months after the late payment period, you can still pay the annual fee, but to pay the late fee. At the end of the late payment period of the annual patent fee is still not paid or paid the full annual fee and late payment, the patent right from the expiration date of the previous year to terminate.

4, the difference between invention and new type of patent is:

■ Protection of object: invention protection of products and methods, utility models only protect the shape of the product, the structure

■ Review system: invention of the substantive review; utility model preliminary review, creativity standards relative to the invention of the requirements of the law is slightly lower 22

■ Protection period: invention of twenty years, utility model ten years

■ Protection period: invention, utility models, the patent right is terminated.

■ Different costs: utility models of low cost

Third, for the instructions

For invention or new type of patents, please contact our customer service staff directly to ask for a patent technical submission of the requirements and instructions, in order to understand how to provide the documents and materials required for the patent application.

The fee charged for patent application only includes the cost of drafting, filing and various procedures before authorization, but not the authorization fee and the first annual fee payable at the time of authorization.

Utility Model Patent

Utility Model Patent: It refers to a new technical solution for the shape, structure or combination of products, which is suitable for practical use. Utility model patent applications are subject to a preliminary examination system, and the term of protection is ten years from the date of application.

The conditions for granting a utility model patent: to meet the requirements of novelty, inventiveness and utility.

Novelty refers to the fact that there is no identical invention or creation that has been publicly published in domestic or foreign publications, or has not been publicly used in China or has otherwise become known to the public before the date of filing, and there is no identical invention or creation that has been filed by another person with the Patent Office and documented in the patent application file.

Inventiveness means that the invention has substantial features and progress compared with the technology existing before the date of application.

Utility means that the invention is capable of being made or used and of producing positive effects.

The materials required to apply for a utility model patent:

Provide a technical submission with the following contents:

1. the name of the invention and the technical field to which it belongs;

2. the relevant prior art ...... >>

Question 8: What does utility model patent refer to? The Patent Law utility model patent: refers to the shape of the product, the structure or its combination of new technical solutions suitable for practical use. Where the product structure, shape or combination of structure and shape, apply for a utility model patent. The protection period is 10 years.　　The differences between utility models and inventions are: first, utility models are limited to products with a certain shape, which cannot be a method or a product without a fixed shape; second, the inventive requirement for utility models is less high, while the practicality is higher.　　The shape of a product refers to the definite spatial shape that the product has and that can be observed from the outside. The technical solution proposed for the shape of the product may be a technical solution proposed for the spatial shape of the three-dimensional form of the product, such as an improvement made to the shape of a cam or the shape of a cutter; or it may be a technical solution proposed for the two-dimensional form of the product, such as an improvement made to the shape of the section of a profile.　　The construction of the product refers to the arrangement, organization and interrelationship of the various components of the product. The construction of the product may be a mechanical construction or a wiring construction. Mechanical structure refers to the relative positional relationship, connection relationship, and necessary mechanical coordination relationship, etc., of the parts constituting the product, and line structure refers to the definite connection relationship between the components constituting the product.　　Composite layer can be considered as the product structure, the product of the carburized layer, oxide layer, etc. belongs to the composite layer structure.

Question 9: What are the specific steps to apply for a utility model patent? 1. Specific steps:

Pre-patent search

Before filing a patent application, it is best to conduct a search to determine which inventions belong to the "prior art". If the invention to be applied for is already documented in the searched patent literature or other public publications, this may affect the prospects of the application being granted. In addition, even if there is no documentation, if someone else is able to determine that it is common knowledge in the field, this may result in rejection of the patent application.

Benefits of a Patent Search

A careful understanding of what is prior art will assist the applicant in making a decision about whether to file a patent application and in drafting the patent application. The "background art" part of the specification should include the closest prior art, and in the case of utility model patents, drawings of the background art are usually required, so that the examiner and the public can clearly understand the substantial improvements and advantages of the invention.

Patent Application Documents

Inventions and Utility Models: Petition, Specification and its Abstract, Claims; Inventions may have accompanying drawings as needed, and Utility Models must have accompanying drawings; Invention applications involving new biological materials should be submitted with proof of preservation and proof of survival; and where nucleic acid or amino acid sequences are involved, machine-readable copies of the sequences should be submitted.

Designs: a request, pictures or photographs; a description of the product in which the design is used and the category to which it belongs; if the request is for color protection, color pictures or photographs should be submitted; a brief description of the design, if necessary; the brief description should indicate the main points of the design, the omitted views, and the colors to be protected.

Patent Examination

A patent application is filed with the State Intellectual Property Office (SIPO) and will be examined after full payment of fees. Patent examination is divided into preliminary examination and substantive examination, the latter only for patents for inventions.

The patent examination process generally lasts 1-3 years, depending on the type of patent and the content of the invention. Utility model and design patents are granted after preliminary examination, while invention patents will be issued with a Notice of Passage of Preliminary Examination after passing the preliminary examination, pending substantive examination.

When a patent application is in the examination stage, the applicant does not have the right to prevent others from infringing his or her rights. However, after a patent for an invention is published (usually on the 18th month from the date of filing), the applicant may demand the infringer to stop the infringement and pay appropriate royalties, and the infringer may refuse. After the patent is granted, the applicant can pursue infringement liability against the infringer through judicial proceedings and demand compensation.

Substantive Examination of Patents for Inventions

The substantive examination of an invention is carried out in the substantive examination department of the Patent Office, where the examiner searches domestic and foreign patent literature and open publications to evaluate the "novelty," "inventiveness," and "utility" of the patent application. The examiner evaluates the "novelty", "inventiveness" and "utility" of the patent application by searching domestic and foreign patent literature and public publications, and also examines whether the patent document is written in compliance with the requirements, such as whether it is in compliance with the "unitary", whether it is "sufficiently disclosed", and whether the "modification exceeds the scope". The patent documents should also be reviewed to see if they meet the requirements, such as whether they are "unitary", whether they are "sufficiently public", and whether they are "modified beyond the scope".

The substantive examination must be conducted after the invention has been published, which is required by law to be published 18 months from the date of filing, but some applicants are willing to disclose the invention earlier, so there are patent applications that are disclosed in 6-10 months. Usually, the examiner of the actual examination stage will send at least one notice of examination opinion to the applicant or his agent, and the examination opinion can reflect the possibility of the invention being authorized and the defects. The opinions generally include formatting errors, novelty issues, inventive issues, sufficient disclosure, singularity issues, and so on.

The time for substantive examination of a patent is uncertain, generally 6-18 months, depending on the content of the invention, the examiner's understanding of the invention and the examiner's work schedule, and the time spent on documenting between the examiner and the applicant or the applicant's agent. The standard fee for substantive examination of a patent for an invention is 2500 RMB per piece.

2. What can apply for a patent

Invention

refers to a new technical program for a product, method or improvement thereof.

An invention can be a tangible product, such as a medical device or an electronic component; an intangible product, such as a pharmaceutical formula, a gene sequence, or the structural formula of a compound; a method, such as a testing method, a preparation method, or a planting method; or a use, which mainly refers to a new indication for a drug.

Utility model

It refers to a new technical solution for the shape, construction or combination thereof of a product that is suitable for practical use.

A utility model only protects a product, and it must be a tangible product with a certain form and structure, such as composite layered material, machinery, household appliances, etc.

Appearance design

It is a new design of the shape, pattern or combination thereof of a product, as well as the combination of color and shape or pattern, which is aesthetically pleasing and suitable for industrial application.

Design ...... >>

Question 10: What does the specific implementation in a utility model patent refer to? The technical solution of a utility model patent or invention patent can be a more abstract and generalized description. The embodiment, on the other hand, is to describe the technical solution by way of example, so as to facilitate the examiner as well as others can understand the technical solution more easily. It is not clear exactly what the transportation therein is. Then, the corresponding embodiment can be: from Beijing to Shanghai by train; or, from Beijing to Shanghai by airplane; or, from Beijing to Shanghai by car, and so on. The following three specific means of transportation (train, plane, car) from Beijing to Shanghai are embodiments of the description of "taking transportation from Beijing to Shanghai".