I. who is the object of protection of the invention patent

1, the invention

"Invention" means a new technical proposal for a product, method or improvement thereof. An invention must be a technical solution, the result of the inventor's application and combination of the laws of nature in a particular technical field, not the laws of nature itself, so that scientific discovery is not an invention. At the same time, inventions are usually intellectual achievements in the natural sciences, and achievements in the literary, artistic, and social sciences do not constitute inventions in the sense of patent law.

2. Utility model

"Utility model" means a new technical scheme for the shape, construction or combination of the product that is suitable for practical use. The utility model patent only protects the product. The product shall be an industrially manufactured entity that occupies a certain space. All relevant methods (including the use of the product) and naturally existing objects that have not been manufactured are not subject to the protection of the utility model patent. The methods mentioned above include the manufacturing method, the use method, the communication method, the processing method, the computer program and the use of the product for a specific purpose. For example, the manufacturing method of a gear, the dust removal method of the workshop, the data processing method, the naturally existing rain flower stone and so on cannot obtain the utility model patent protection.

3. Appearance design

Appearance design is also known as industrial product appearance design, refers to the shape of the product, design or its combination as well as the combination of color and shape, pattern made aesthetic and suitable for industrial applications of the new design.

The scope of legal protection of the patent right

1. Scope of protection of patent rights for inventions and utility models

According to the provisions of article 56 of the patent law of China, the scope of protection of the patent right for invention or utility model shall be subject to the content of the claim.

2. Scope of protection of design patent right

According to the provisions of article 56 (2) of the patent law of the People's Republic of China, the scope of protection of the patent right for design shall be subject to the product of the design patented in the picture or photograph.

Iii. Timeliness of legal protection of patent rights

The timeliness of the legal protection of patent right includes two aspects. One is that the patent must be valid for the duration of the protection of the patent. In China, the protection period of invention patent is 20 years, and that of utility model and design patent is 10 years. Other countries have similar patent protection.

The second is the limitation of action for patents. Article 61 of the patent law of the People's Republic of China stipulates: "the limitation of action for patent infringement shall be two years, counted from the date on which the patentee or any interested party becomes or should become aware of the infringement."

As for the date of the infringement, in general, if the infringing product is publicly sold in the market where the patentee is located, or if the infringer has advertised in a national newspaper or other promotional tool, the patentee is deemed to have known or should have known about the infringement.