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What do I need to know to apply for a utility model patent?

If you want to apply for a patent for utility model, you must first find out what a patent for utility model is. In the patent law, utility model is stipulated as follows: utility model refers to a new and practical technical scheme for the shape, structure or combination of products.

And there are still differences between utility model and invention: first, utility model is limited to products with a certain shape, which cannot be a method or a product without a fixed shape; Second, the utility model is not too creative, but it is very practical.

In addition, regarding the utility model, some countries do not list it as an independent patent protection object, but protect it in invention patents, while others list it as an independent patent protection object, mainly referring to small inventions. Of course, China's patent law clearly regards utility model as one of the objects of patent protection, and stipulates that utility model patent refers to a new technical scheme suitable for practical use proposed by the shape, structure or combination of products. The technical scheme is lower than the invention patent in technical level.

Knowing this, let's talk about which inventions can apply for utility model patents.

The shape of a product refers to the definite spatial shape that the product has and can be observed from the outside. The technical scheme proposed for product shape can be the technical scheme proposed for product three-dimensional shape, such as the improvement of cam shape and cutter shape; It can also be a technical scheme of two-dimensional shape of products, such as the improvement of sectional shape of profiles.

The structure of a product refers to the arrangement, organization and interrelation of various components of the product. The product structure can be either a mechanical structure or a circuit structure. Mechanical structure refers to the relative position relationship, connection relationship and necessary mechanical cooperation relationship between components that make up a product, and circuit structure refers to the determined connection relationship between components that make up a product.

The composite layer can be considered as the structure of the product, and the carburized layer and oxide layer of the product belong to the composite layer structure.

All of the above can apply for a patent for utility model, but it does not mean that a patent for utility model can be granted. Because the conditions for granting utility model patents are the same as those for invention patents, they all require novelty, creativity and practicality.

Novelty means that the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it was recorded in the patent application documents published or announced after the filing date.

Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.

Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.

After these conditions are met, it is time to submit the application documents for utility model patent. To apply for a patent for utility model, documents such as the request, specification, abstract and claim shall be submitted.

The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.

The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained.

The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection.

For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.

The above is the relevant knowledge you need to know before applying for a patent for utility model. I hope it will be helpful to you who are applying for a patent for utility model.