1. What is the object protected by patent rights?
(1) The object of patent rights, also known as the object protected by patent law, refers to inventions and creations for which patent rights should be granted according to law.
(2) The objects of patent law include inventions, utility models and designs:
1. Invention refers to a new technical solution proposed for a product, method or improvement thereof. An invention must be a technical solution, the result of the inventor's application and combination of natural laws in a specific technical field, rather than the natural laws themselves, so scientific discoveries do not fall within the category of inventions;
2. Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use. Utility model patents only protect products. The product should be an entity manufactured by industrial methods and occupying a certain space;
3. Appearance design, also known as industrial product design , refers to a new design that is aesthetically pleasing and suitable for industrial application, based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.
(3) Legal basis: "Patent Law"
Art. Article 2 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 the form of a productThe shape, structure or combination thereof proposes new technical solutions that are 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.
2. How long does it take for the patent to be authorized after it is disclosed? strong>
1. Invention patent authorization takes a long time, usually three to five years, but because it requires substantive examination procedures, patent authorization The subsequent patent rights are very stable.
2. Utility model patents and design patents do not need to go through the substantive examination process and are authorized quickly. Utility models are generally granted within six months from the filing date. Authorization is available from 12 months to 12 months.
3. Designs can generally be authorized about 6 months from the date of application.
I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network for consultation Professional lawyer.
No comments yet. Say something...