1. What is the difference between utility patent and invention patent?
Utility model There are significant differences between patents and invention patents in many aspects.
Object of protection: Utility model patents mainly protect the shape and structure of products or practical new technical solutions proposed by their combination, focusing more on mechanical structures. Innovation. Invention patents protect new technical solutions proposed for products, methods or improvements. The scope of protection is broader, including not only improvements in product shape and structure, but also new methods, new processes, etc.
Creative requirements: Utility model patents have relatively low creative requirements and only need to have substantive features and progress. Invention patents need to have outstanding substantive features and significant progress.
Approval procedure: The approval procedure for utility model patents is relatively simple. It only conducts preliminary examination and objection review, but does not conduct substantive examination. The approval process for invention patents is more complicated, including preliminary examination, substantive examination and other aspects.
Examination cycle: Since the approval process for utility model patents is relatively simple, the review cycle is usually short, usually about 6 months. The review cycle for invention patents is longer, usually one and a half to two years, and may even take longer in some technical fields.
Protection period: The protection period of a utility model patent is 10 years, calculated from the date of application. The protection period of an invention patent is 20 years, also calculated from the filing date.
In general, there are obvious differences between utility model patents and invention patents in terms of protected objects, inventiveness requirements, approval procedures, review cycles and protection periods. These differences make the two types of patents different in protecting innovative achievements.It is focused and meets the protection needs of different fields and different levels of innovation.
Article 22 of the Patent Law of the People's Republic of China
Granting of patent rights Inventions and utility models must be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the existing technology; and no unit or individual has filed a patent for the same invention or utility model before the filing date. An application has been filed with the Patent Administration Department of the State Council and recorded in the patent application documents or announced patent documents published after the application date.
Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress. The utility model has substantive features and progress. .
Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects.
The prior art referred to in this Law refers to the technology that was known to the public at home and abroad before the filing date.
2. Utility model patent application process
The process of utility model patent application mainly includes the following steps:
Prepare application materials: First, you need Prepare detailed application materials, including utility model patent application, description, claims, description, drawings and abstract, etc. These documents need to clearly and accurately describe the technical features, innovation points and practical application effects of the utility model.
Submit an application: Submit the prepared application materials to the State Intellectual Property Office or a designated patent agency. When submitting an application, you need to pay the corresponding application fee.
Preliminary review: The State Intellectual Property Office will conduct a preliminary review of the application, mainly checking whether the application materials are complete, whether the format meets the requirements, and whether the utility model is novel and Creativity and practicality. If the preliminary review is passed, the application will be announced and enter the substantive review stage.
Substantive examination: Substantive examination is the core link of patent applicationSection, the State Intellectual Property Office will conduct an in-depth assessment of the creativity and practicality of utility models. The examiner may ask some questions or ask the applicant to make revisions. The applicant needs to respond to the review comments within the specified time.
Authorization and announcement: If the utility model is deemed to meet the authorization conditions after substantive examination, the State Intellectual Property Office will issue an authorization notice and make an announcement. At this time, the applicant needs to pay the authorization fee and complete the authorization procedures.
Maintenance and management: After obtaining the utility model patent right, the applicant needs to pay annual fees in accordance with regulations to maintain the validity of the patent right. At the same time, you also need to pay attention to monitoring patent infringement and take timely legal measures to protect your rights and interests. The above is the basic process of utility model patent application. Throughout the entire process, applicants need to pay close attention to the review progress and respond to the examiner's opinions and requirements in a timely manner to ensure that the patent can be successfully authorized and effectively protected.
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