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What is a utility model patent?

Utility model patent is one of the three types of patents (invention, utility model and design). Utility model refers to a new invention proposed for the shape, structure or combination of a product that is suitable for practical use. technical solutions. The patent law requires utility models to have lower creativity and technical requirements than invention patents, but they have greater practical value. In this sense, utility models are sometimes also called small inventions or small patents.

As for utility models, some countries do not list them as an independent type of patent protection, but instead protect them in invention patents. In other countries, utility models are listed as an independent type of patent protection.

The reason why the state protects utility models is to encourage the creation of small inventions with low cost and short development cycle, so as to adapt to the needs of economic development more quickly.

Legal basis: Article 2 of the Patent Law. The inventions and creations referred to in this law refer to inventions, utility models and designs.

Invention refers to a new technical solution proposed for a product, method or improvement thereof.

Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.

Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, based on the overall or partial shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.

In general, utility model patents refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use. And utility model patents must have novelty, creativity and practicality, otherwise, the patent administration department of the State Council will not issue a patent certificate.