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Chinese Patent Applications
Editor:admin  Date:2014-08-18  Browse:10221 Text Size Print

Chinese patent division following: 

1, the second paragraph of the definition of invention patents "Patent Law" of the invention is: "invention means any new technical solution to a product, process or improvement thereof." 
Is the so-called product can be manufactured on a variety of new industrial products, including shaped and has a solid structure, liquid, gas and the like items. The method refers to the so-called raw materials for processing, various products made of a method. Patent does not require that it be proven can be directly used in industrial production and technological achievements, it can be a solution or an idea to solve the technical problems, with the possibility of industrial application, but nor can this technical solution or idea and simply raised the subject, mixed with the idea, simply because of the subject, do not have contemplated the possibility of application to the industry. 
Two utility model patents 
China's "Patent Law" Article 2.2 for a utility model is defined as: "a utility model refers to the product's shape, structure, or their combination is fit for practical new technology solutions." With inventions, utility the new protection is a technology solutions. But the utility model patent protection wider than Shizuo, it only protect a certain shape or structure of new products, methods and does not protect no fixed shape of the material. Utility model more emphasis on practical technical solutions, the technology level compared to the invention, in order to lower, the majority of the national utility model patent protection is relatively simple, technical improvements of the invention, can be called "small inventions." 
3, design patents 
Definition of "Patent Law" Article 2.3 of the design are: "design refers to the product's shape, pattern, or a combination of beauty and rich combination of colors and shapes, patterns and made suitable for industrial applications . the new design, "and in the" Patent Law "Article 23 of the conditions of its licensing provisions," patentable designs, should not belong to an existing design; nor any entity or individual on the same design before the date of filing the patent administrative department of the State Council would like to put forward an application, and recorded after the filing date of the public announcement of the patent document. ", compared to the previous patent law, patent law on the latest revised design requirements increased. 
Designs and inventions, utility models there is a clear difference between the design focus is rich in artistic designer for the appearance of a product made with the beauty of creation, but this has artistic creation, is not a simple crafts, it must be able to have utility as industrial applications. Design patent protection is essentially the art of thought, and invention patents and utility model patent protection is technical ideas; although designs and utility models related to the shape of the product, but the purpose is not the same as the former aims to enable product shape to produce aesthetic purpose of the latter having the form of a product to solve the technical problems. For example an umbrella, if its shape, pattern, color is quite beautiful, you should apply for a design patent, if the umbrella of umbrellas, umbrella, umbrella streamlined structure design is reasonable, there can save material and durable features, you should applications for utility model patents. 
What are the substantive conditions of patentability is? "Patent Law" Article 22 provides: invention patents and utility models granted must possess novelty, inventiveness and practicality. Novelty means that, before the date of filing, no identical invention or utility model in the domestic publicly disclosed in publications in the country has been publicly used or otherwise known to the public, there is no identical invention or utility model by others Patent Administration Department under the State Council an application which described after the date of filing the patent application published documents. Inventiveness means before the filing date compared to existing technology, the invention has prominent substantive features and notable progress and that the utility model has substantive features and progress. Practical applicability means that the invention or utility model can be made or used and can produce positive results. So, with the novelty, creativity and practicality are substantive conditions for granting the invention and utility model patents. Meanwhile, the "Patent Law" Article 23 provides: patentable design, before the date of filing shall be the same in the domestic and international publications published or publicly used designs are not the same and do not phase approximation, and legitimate rights shall not conflict with others obtained earlier. This is a substantive condition to grant a design patent.

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