Utility model patent and A small invention or a small patent is the object of the patent right, the object of protection by the patent law, and refers to the utility model that should be granted the patent right in accordance with the law.
Utility models are usually Refers to a new technical solution suitable for practical use proposed for the shape, structure or combination of the product.
Utility Model Patent Definition:
① Regarding utility models, some countries do not list them as independent objects of patent protection, but place them in invention patents for protection. In other countries, utility models are listed as independent objects of patent protection, and such utility models mainly refer to small inventions.
The reason why the state protects utility models is to encourage the creation of small inventions with low cost and short development cycle, so as to meet the needs of economic development more quickly.
② "Paris Convention" does not stipulate the concept of utility model, but stipulates that utility model enjoys the benefits of invention patent.
The Trade-Related Knowledge Agreement also does not provide a separate patent type for utility models.
my country's "Patent Law" clearly regards utility model as one of the objects of patent protection, and stipulates that a utility model patent refers to a new technical solution suitable for practical use proposed by the shape, structure or combination of the product. The technical solution is lower than the invention patent on the technical level.
The shape of the product referred to by the utility model patent refers to the definite spatial shape of the product that can be observed from the outside. Products without a definite shape, such as gaseous, liquid, powdered, granular substances or materials, whose shape cannot be used as the shape characteristic of utility model products.
The product structure referred to by the utility model patent refers to the arrangement, organization and mutual relationship of the various components of the product.
First, utility model patents only protect products. The product should be an industrially manufactured entity occupying a certain space. All related methods (including the use of the products) and the naturally occurring articles that are not artificially manufactured are not the objects of protection of the utility model patent.
The second is that the creative requirements for utility models are not too high, but they have strong practicability and great practical value.
The third is to adopt the measures of simplifying the examination and approval procedures, shortening the protection period, and lowering the charging standard in the examination and approval of patent rights.
First, utility models are limited to products with a certain shape, not a method, nor a Products without a fixed shape;
Secondly, the creative requirements for utility models are not too high, and the practicability is strong.
The termination of patent rights can be divided into:
(1) Termination upon expiration of the term: The patent right for a utility model or design has been maintained for 10 years from the date of application and terminated according to law;
(2) Termination without payment: If the patentee fails to pay or fully pay the annual fee and late payment fee as required, the patent right shall be terminated from the date of expiration of the previous year.
The legal documents submitted when applying for a patent must be in writing and in accordance with the prescribed Fill in the uniform format.span>
(1) The application documents should include: utility model patent request, description, The accompanying drawings, claims, abstract and accompanying drawings of the description are in duplicate.
(2) If the company applies for a patent, the application documents should include: a copy of the business license of the enterprise legal person and the code certificate of the organization, each in one copy, and the ID card of the inventor should also be submitted Copies, in one copy.
(3) If an individual applies for a patent, the application documents shall include: photocopies of the ID cards of the applicant and the inventor, each in duplicate, and the application address, zip code, Telephone and other means of communication.
Exclusivity is also called "exclusivity", the so-called exclusivity refers to the exclusive manufacture, use, sale and import and export of the invention and creation enjoyed by the patentee s right. That is to say, any other unit or individual shall not manufacture, use, sell, offer to sell, import and export its patented products for production or business purposes without the permission of the patentee, use its patented methods, or use its patented methods without the permission of the patentee. Manufacture, use, sale, offer for sale, and import and export of products directly obtained in accordance with their methods for production and business purposes. Otherwise, it is a patent infringement.
territorial In accordance with the principle of patent independence under the Paris Convention, The territorial characteristics of patent rights refer to the patent rights granted by a country in accordance with its own patent law, which are only valid within the jurisdiction of the laws of that country, without any binding force on other countries, and foreign countries are not obligated to protect their patents. If an invention-creation is only patented in my country, the patentee only enjoys the patent or exclusive right in my country. If someone produces, uses or sells the invention-creation in other countries and regions, it is not an infringement. It is very meaningful to understand the regional characteristics of patent rights. In this way, if a unit or individual in our country develops an invention-creation that has international market prospects, it is not only a matter of applying for a domestic patent in time, but also should not waste time in the possession of it. Other countries and regions with good market prospects should apply for patents, otherwise the foreign market will not be protected. Timeliness: The so-called timeliness means that all the exclusive rights granted by law to the patentee's invention-creation are only valid for the time specified by the law. After the expiration of the time limit, the patentee no longer enjoys the manufacturing , use, sell, offer to sell and import. So far, inventions and creations originally protected by law have become public wealth of the society, which can be used by any unit or individual for free.
Term limit National patent laws have clear regulations, The term of protection of a patent right generally ranges from 10 to 20 years from the date of application; for the term of patent right for utility model and design, most countries stipulate that it is 5-10 years. The term of protection for a new type patent and a design patent is 20 years, 10 years and 10 years respectively from the filing date.
Invisibility Patent rights are invisible, and many people often use This feature of the patent right is regarded as the object of its protection - the technology protected by the patent right. In fact, the intangibility is the patent right itself. Otherwise, if the trademark is concerned, the object is the pattern, which is obviously not intangible.