[Green Circle Speaks Out] Is a foreign patent an invention or a utility model?

Is a foreign patent an invention or a utility model?

The foreign patent system refers to the patent rights applied for and obtained in foreign countries, and it is very important for many enterprises and inventors to obtain foreign patents. However, many people are not very clear about the types of foreign patents and the application requirements. A common question is whether a foreign patent is an invention or a utility model.

First, let's look at the basic concept of foreign patents. A foreign patent is a kind of protection for a new and original technology or product. It can be divided into two categories: invention patents and utility model patents. An invention patent is usually for the protection of a new technology or method, which requires that the technology applied for must be creative, novel and industrially applicable. A utility model patent protects the improvement or innovation of an existing technology or product, and requires the applied-for technology to be practical and novel.

In foreign patent applications, applicants need to determine whether to apply for invention patents or utility model patents according to the characteristics of their technology or products. Generally speaking, if the applicant's technology has higher innovation and technical content, and hopes to protect it for a long time, then applying for an invention patent is a better choice. If the applicant's technology is an improvement of an existing technology or product, and the improvement has a certain degree of innovation, then applying for a utility model patent may be a more suitable choice.

In addition, the requirements and protection strength of invention patents and utility model patents in different countries may also differ to a certain extent. In some countries, such as the United States and European countries, the examination standard for invention patents is relatively high, and the requirements for technological innovativeness and industrial applicability are more stringent; whereas in some Asian countries, such as China and Japan, the examination standard for utility model patents is comparatively more lenient, and the requirements for technological practicability and novelty are lower.

In short, foreign patents can be invention patents or utility model patents, and applicants need to determine the specific type of application according to their own technical characteristics and application requirements. At the same time, the applicant also needs to determine the specific application strategy according to the patent examination standards of different countries. I hope this article can help readers have a basic understanding of foreign patent applications.