What are the main objects of patent rights?

Appearance design mainly refers to a new design suitable for industrial application in terms of the overall or partial shape, pattern, color, etc. of a product; invention refers to a new technical solution proposed for a product, method or improvement thereof; practical New type refers to a practical new technology solution proposed for the shape, structure, etc. of a product. Regarding the question of what are the main objects of patent rights, the editor of Legal Savior Network will answer it in detail for you below.

1. What are the main objects of patent rights

1. Appearance design , mainly refers to new designs suitable for industrial applications in terms of overall or partial shape, pattern, color, etc. of the product;

2. Invention is Refers to new technical solutions proposed for products, methods or their improvements;

3. Utility models refer to proposals for the shape, structure, etc. of products, Practical new technology solutions.

4. Legal basis:

Article 2 of the "Patent Law of the People's Republic of China", The inventions and creations mentioned in this Law refer to inventions, utility models and designs.

Invention refers to a new technical solution proposed for a product, method or improvement thereof.

Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.

Appearance design refers to the aesthetic and suitable design of the overall or partial shape, pattern or combination of the product, as well as the combination of color, shape and pattern. New designs for industrial applications.

Article 64 of the "Patent Law of the People's Republic of China", the scope of protection of invention or utility model patent rights shall be based on the content of the claims, the description and The drawings may be used to explain the content of the claims.

The scope of protection of design patent rights is based on the design of the product shown in the picture or photo. A brief description can be used to explain what the picture or photo means. Indicates the appearance design of the product.

2. Patent protection What is the scope of the invention or utility model patent?

1. The scope of protection of the invention or utility model patent shall be based on the content of the claims, and the specification Or the drawings may be used to explain the claims. How to determine the content of patent protection shall be based on the scope determined by the claims. The scope of protection of a design patent shall be subject to the design patent product shown in pictures or photos.

The patent protection rights granted by a country or a region are only valid within the scope of that country or region, and there are no laws in other countries and regions. Effectiveness, patent protection rights are not recognized. The term of patent protection: 20 years from the date of application for invention patents and 10 years for utility model patents and designs. If the patent protection period expires, the annual fee is not paid, or the patent is voluntarily surrendered, the patent right is no longer protected. The claims include a preamble and a characterizing part. The preamble shall state the name of the subject of the technical solution of the invention or utility model, and the necessary technical features shared by the closest prior art to the subject of the invention or utility model. The feature part shall state the technical features that are different from the closest prior art. The technical features in the characteristic part and the technical features in the preamble part together define the scope of protection claimed for the invention or utility model.

2. The scope of protection of design patent rights shall be subject to the design patent product shown in pictures or photos. Applying for a design does not require the submission of written documents such as claims and descriptions, but requires the submission of pictures or photos. The standard for judging whether there is infringement is: if the same or similar design is used on a product that is identical or similar to the patented product, it is considered to be infringing. Identical products refer to the same purpose and function; similar products refer to the same purpose. , the specific functions are different.

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