Types of Patents

Patents may be categorized as Invention Patents, Utility Model Patents and Design Patents.

一、 Invention Patents

Invention requires the use of natural inherent laws to create effective devices for expected problem-solving results. Inventions have their own technical characters, which carry technical approaches required to solve problems. Invention patent applications are characterized by inventions based on technologies. Therefore, simple discoveries, the scientific principles, revelation of information, and simple creation of arts are not considered as inventions.


二、 Utility Model Patents

Utility models are created using the laws of nature and presented as entities that occupy certain spaces. They are specific objects with certain shapes, structures, or their combinations. That is, utility models are creations based on the shapes, structure, or their combinations, and not just abstract ideas or concepts. So, if a manufacturing or processing method cannot produce physical objects or chemical compounds with certain shapes or compositions, they will not be considered as utility models.


三、 Design Patents

Designs may use all or part of the shapes, patterns, colors, or their combinations to form certain objects for visual attraction. Designs can be presented as images on computer screens or the graphic user interface. Design patent applications may be filed as long as your designs can be presented by shapes, patterns, colors, or their combinations and applied on objects for visual attraction.


四、 Differences between Invention Patents, Utility Model Patents and Design Patents.

Patents for inventions and utility models are destined to protect creations from technical skills and natural laws. Patents for inventions and utility models focus on improvements to the functions, skills, and uses of the ready-mades. However, inventions can deal with materials (without spatial patterns), objects (with spatial patterns), methods, biomaterials, and their uses, while utility models only deal with the shapes, structures and their combinations.

Patents for designs are set to protect designs with certain the shapes, patterns, colors, or their combinations to form certain objects for visual attraction. Therefore, designs focus on the qualities as well as the visual effects presented by the objects for enhanced competitiveness and visual comfort and deal with no technical characters.

Patents for inventions and designs require physical reviews for approval, but utility models do not require physical reviews but formal reviews for approval. Therefore, patents on utility models can be less secure and less certain.