This article sorts out the procedures, precautions and other related content related to applying for technology patents.
Classification of patents
In Article 2 of the General Provisions of Chapter 1 of the Patent Law, three types of patents are clarified: invention, utility model and design
| Patent type | Description |
|---|---|
| invention | Refers to new technical solutions proposed for products, methods or improvements. |
| Utility model | Refers to a new practical technical solution proposed for the shape, structure or combination of the product. |
| Exterior design | It refers to a new design that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern. |
Patent management
In Article 3 of the General Provisions of Chapter 1 of the Patent Law, it is clarified that the Patent Administration Department of the State Council is responsible for the administration of patents throughout the country.
The Patent Administration Department of the State Council is responsible for the administration of patent work throughout the country; uniformly accepts and examines patent applications, and grants patent rights in accordance with the law. The patent administration departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for patent administration within their respective administrative regions.
Service invention vs. non-service invention
The judgment is based on whether the company’s material and technical conditions are used to complete the patent, and the patent is classified into a service invention-creation or a non-service invention-creation.
Article 6 Inventions and creations completed by performing the tasks of the unit or mainly using the material and technical conditions of the unit are service inventions and creations. The right to apply for a patent for a service invention-creation belongs to the entity; after the application is approved, the entity is the patentee.
For non-service inventions, the right to apply for a patent belongs to the inventor or designer; after the application is approved, the inventor or designer is the patentee.
For inventions and creations made using the material and technical conditions of the unit, the unit has a contract with the inventor or designer, and has the right to apply for a patent