Small inventions of tangible products in daily necessities, machinery and electrical appliances are more suitable for utility model patents.
Utility model patent is one of the three types of patents (invention, utility model and design), utility model refers to the shape of the product, the structure or the combination thereof put forward a new technical program suitable for practical use. The inventiveness and technical level requirements for utility models in the patent law are lower than those for invention patents, but the practical value is large, in this sense, utility models are sometimes also known as small inventions or small patents by people.
Definition
(1) Regarding the utility model, some countries do not list it as a separate type of patent protection, but place it in the invention patent for protection. In other countries, utility models are included as a separate type of patent protection.
The reason why the state protects utility models is to encourage the creation of low-cost, short development cycle of small inventions, and more quickly adapt to the needs of economic development.
(2) 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 clearly defines utility model as one of the types of patent protection, and stipulates 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.