We all know that there are three types of patent applications: invention patents, utility model patents and design patents. What are the characteristics of invention patents and utility model patents? How to choose when applying for a patent?
Operation method
What are the characteristics of utility model patents? 1. The protection period of the utility model patent is short: 10 years. 2. An application for a patent for utility model is only subject to preliminary examination without substantive examination, and the patent right can be obtained if it passes the preliminary examination. 3. The patent application for utility model can be authorized in 12 months, or even less.
What are the characteristics of invention patents? 1. The protection period of the invention patent is longer: 20 years. 2. An application for a patent for invention needs preliminary examination and substantive examination, and the patent right can be obtained only after the application is qualified in substantive examination. 3. The examination time of invention patent application is long and the authorization is slow.
How should enterprises apply for patents? Enterprises can apply for invention patents and utility model patents at the same time. According to Article 9 of the Patent Law, if the same applicant has simultaneously submitted a utility model patent application and an invention patent application for the same invention creation on the same day, the first obtained utility model patent right has not been terminated, and the applicant has declared to abandon the utility model patent right, an invention patent right may be granted. If the applicant submits a utility model patent application and an invention patent application for the same invention creation on the same day, the applicant can obtain the utility model patent right in a relatively short time, so that his invention creation can be protected as soon as possible.
Different protection objects of appearance patent and copyright are different appearance patents: the protection object is the design of industrial products, that is, the color, pattern and shape design of industrial products. Copyright: The object of protection is the intellectual achievements with originality in the fields of literature, art, and science that can be reproduced in some tangible form.
If the invention patent application for the invention creation can be granted an invention patent right after substantive examination, the applicant should make a choice at this time. If the utility model patent right obtained earlier is abandoned in order to obtain the invention patent right, the applicant can obtain a more stable patent right and a longer protection period.