Patent application is a utility model or invention how to identify?

Patent for invention: "The invention referred to in the Patent Law refers to a new technical solution for a product, method or improvement thereof". The inventor only such technical solutions to the patent office application, and through a series of rigorous examination, in particular, novelty, creativity and utility of the examination; to comply with the provisions of the invention patent application for the granting of patent rights. The applicant should also go through the registration procedures and pay the annual fee on schedule, so that the invention patent application can formally become an invention patent with various attributes of the patent. The invention referred to in the patent law is only a technical solution to a particular problem.

The inventions referred to in the Patent Law are divided into two categories: product inventions (e.g., machines, instruments, equipment and appliances) and method inventions (methods of manufacturing). Patents are not granted for inventions in certain fields of technology, such as diagnostic and therapeutic methods for diseases and substances obtained by atomic nuclear transformation methods. Inventions of computer software, on the other hand, are treated differently depending on whether they are pure computer software or specialized software capable of being combined with hardware, the latter of which is eligible for patent protection. As for inventions involving microorganisms, they are also patentable. However, it is necessary to submit the microorganism preservation certificate on schedule.

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". It can be seen that the utility model is also a technical program. This is the same as invention, but there are important differences in other aspects. First, the utility model is limited to the product, the process 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 requirements of the utility model is lower than the invention, and the practicality of the invention is higher than the invention; fourth, the granting of the utility model patent is not subject to substantive examination, and the approval procedures are easier than the invention, and thus the approval cycle is short, the cost is low, and the patent protection is also short, so there is a certain shape of the patent. The term of patent protection is also short, so there is a certain shape of small inventions, apply for utility model is better. However, utility model patents are not granted for the following inventions:

(l) various methods and uses of products;

(2) products without a certain shape, such as gaseous, liquid, powdered, granular substances and materials;

(3) products that are simply replaced by materials and products of the same shape and structure produced by different processes;

(4) immovable buildings;

(5) products that have a certain shape or structure; (6) products that have a certain shape or structure; (7) products that have a certain shape or structure; (8) products that have a certain shape or structure, but have a different shape or structure. (4) Immovable buildings;

(5) Products characterized only by flat pattern design, such as chess, cards, etc.

(6) Systems composed of two or more instruments or equipment, such as telephone network systems, water and sewage systems, continuous casting machines, etc.

(7) Simple electronic circuits, circuit block diagrams, logic block diagrams, workflow diagrams, plane Configuration diagrams and basic electronic circuit products with electrical functions (such as amplifiers, triggers, etc.);

(8) direct action on the human body of electric, magnetic, optical, acoustic, radiological, or a combination of medical devices.