The provisions China patent protection patent: three invention patents, utility model patents and appearance design patent.
The invention, refers to the product, process or improve the technology of the new scheme.
The utility model, refers to the shape, or the combination of new technology which is fit for practical structural products.
Appearance design, is the product of the shape, pattern, color or their combination creates an aesthetic feeling and is fit for industrial application.
The patent applicant, refers to request the patent office on the invention of a natural or legal person of the grant of the patent right.
The patent applicant can is the inventor, designer or its subordinate unit of the invention creation, also can be the invention or the assignee of the legitimate heir or legal rights, and Chinese sign agreement or with the China joined international treaties or foreigner or foreign enterprise shall be handled in accordance with the principle of the country. Approval process: an application for a patent for invention approval procedures include: acceptance, examination, examination and authorization, released in five stages. The utility model or design patent application without early publication and substantive examination in the examination and approval, so only the acceptance, trial and authorized three stages.
Patent protection period from the date of application: 20 years of invention patent, utility model and design for 10 years.
In the term of patent protection of patent rights obtained within, to maintain a patent, the patentee has the obligation to pay an annual fee of patents. The patentee fails to pay the overdue period or pay based on the annual fees and fines in the patent fee, termination of the patent right from the date of expiry of the last year.