Invention patent: the invention mentioned in the patent law refers to a new technical scheme proposed for a product, method or its improvement.
Patent for utility model: utility model as mentioned in the patent law refers to a new technical scheme suitable for practical use for the shape, structure or combination of products.
Design patent: The term "design" as mentioned in the Patent Law refers to a new design which is aesthetically pleasing and suitable for industrial application for the shape, pattern, color or their combination of products.
? Patent application must have three characteristics: novelty, creativity and practicality. ?
Novelty: refers to the fact that there is no identical invention or utility model before the patent application date, and it has not been published in domestic and foreign publications. This is the first standard and the second standard, that is to say, it has not been used publicly in China or known to the public in other ways. Satisfying these two conditions is in line with the novelty of invention and creation. According to this principle, judging an invention or utility model depends entirely on the objective standards of the existing technology. Judging the existing technology is the premise of judging novelty. ?
If the invention has been published before the date of patent application, or has been recorded and published in writing, it will lose its novelty. Some people publish papers or apply for results first, and then apply for patents, which leads to the publication of papers destroying the novelty of their inventions and creations and not granting patents. Remember, you must apply for a patent first, then publish an article and apply for the results. ?
Creativity: according to the definition of creativity in China's patent law, an invention has outstanding substantive characteristics and remarkable progress compared with the existing technology before the filing date. It is not obvious, and it is also called creativity. ?
Practicality: When we talk about the practicality of a patent, we mean that an invention or utility model can be created or used with positive effects. Can be manufactured or used, that is, can be manufactured in industrial batches. ?