What does utility model mean? What inventions can be patented as utility models?


Release Time:

2020-06-08

Source: State Intellectual Property Office Published: 2020-06-08

The utility model referred to in China's Patent Law refers to a new technical program for the shape, structure or combination of products that is suitable for practical use. The differences between utility model and invention are: firstly, utility model is limited to a product with a certain shape, which cannot be a method or a product without a fixed shape; secondly, the creativity requirement for utility model is lower compared with invention.

The shape of a product refers to a definite spatial shape that the product has and that can be observed from the outside. The technical solution proposed for the shape of the product may be a technical solution proposed for the spatial shape of the three-dimensional form of the product, such as the improvement of the cam shape and the tool shape; or it may be a technical solution proposed for the two-dimensional form of the product, such as the improvement of the sectional shape of the profile. 

The construction of the product refers to the arrangement, organization and interrelationship of the various components of the product. The construction of the product may be a mechanical construction or a wiring construction. Mechanical construction refers to the relative positional relationship, connection relationship, and necessary mechanical coordination relationship, etc., of the parts constituting the product, and wiring construction refers to the definite connection relationship between the components constituting the product.

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

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