What patents does Ethereum have
Publish: 2021-03-29 14:33:40
1. There are three types of patents: invention patent, utility model patent and design patent. They are different:
1. The object of protection is different
invention refers to the new technical solution proposed for the proct, method or improvement thereof. Invention patent can protect both proct and scheme
utility model is a new technical solution for the shape, structure or combination of procts. Utility model patent can only protect procts
appearance design refers to the new design of proct shape, pattern or their combination, as well as the combination of color, shape and pattern, which is aesthetic and suitable for instrial application
2. The term of protection is different
the term of protection of invention patent is 20 years. The protection period of utility model patent and design patent is 10 years
3. The conditions of authorization are different
both invention patents and utility model patents require practicability, novelty and creativity, but the creativity of invention patents requires prominent substantive features and significant progress, while utility models only need substantive features and progress, and the design requirements are compared with the existing design or the combination of existing design features, There should be obvious differences.
1. The object of protection is different
invention refers to the new technical solution proposed for the proct, method or improvement thereof. Invention patent can protect both proct and scheme
utility model is a new technical solution for the shape, structure or combination of procts. Utility model patent can only protect procts
appearance design refers to the new design of proct shape, pattern or their combination, as well as the combination of color, shape and pattern, which is aesthetic and suitable for instrial application
2. The term of protection is different
the term of protection of invention patent is 20 years. The protection period of utility model patent and design patent is 10 years
3. The conditions of authorization are different
both invention patents and utility model patents require practicability, novelty and creativity, but the creativity of invention patents requires prominent substantive features and significant progress, while utility models only need substantive features and progress, and the design requirements are compared with the existing design or the combination of existing design features, There should be obvious differences.
2.
(1) exclusivity. Patent right is an intangible property right with exclusive nature. Anyone who wants to implement a patent, unless otherwise stipulated by law, must obtain the permission of the patentee and pay the royalty according to the agreement of both parties, otherwise it will constitute infringement 2) Timeliness. It means that the patent right is only valid within the validity period of the authorization. After the expiration or termination of the validity period, the invention creation becomes the common wealth of the whole society, and anyone can use it freely. The term of the patent right is stipulated by the patent law 3) Regional. It means that the patent granted by a country is only valid in the region of the granting country or region, and has no legal binding force on other countries or regions. The effectiveness of the patent granted by each country or region is independent of each other
3. The types of patents have different provisions in different countries. In China's patent law, there are: invention patent, utility model patent and design patent; In the Hong Kong patent law, there are: standard patents (equivalent to invention patents in the mainland), short-term patents (equivalent to utility model patents in the mainland), and design patents; In some developed countries, it is classified into invention patent and design patent
patent for invention
the second paragraph of Article 2 of the patent law of the people's Republic of China defines invention as: "invention refers to a new technical solution for a proct, a method or an improvement thereof."
the so-called procts refer to all kinds of new procts that can be manufactured in instry, including solid, liquid, gas and other articles with certain shape and structure. The so-called method refers to the processing of raw materials to make a variety of procts. A patent for invention does not require that it is a technological achievement that has been proved by practice to be directly applied to instrial proction. It can be a solution to a technical problem or an idea that has the possibility of being applied in instry. However, this kind of technical solution or idea can not be confused with simply putting forward a subject or an idea There is no possibility of instrial application
invention refers to a new technical solution proposed for a proct, method or improvement thereof, which mainly embodies novelty, creativity and practicability. Patented inventions can be divided into proct inventions (such as machines, apparatus and appliances) and method inventions (manufacturing methods)
utility model patent
the definition of utility model in the third paragraph of Article 2 of the patent law of the people's Republic of China is: "utility model refers to a new technical solution that is suitable for practical use proposed by the shape, structure or combination of the proct." Like the invention, the utility model is also a technical solution. However, the scope of utility model patent protection is narrow. It only protects new procts with certain shape or structure, and does not protect methods and substances without fixed shape. The technical scheme of utility model pays more attention to practicality, and its technical level is lower than that of invention. Most countries' utility model patents protect relatively simple and improved technological inventions, which can be called "small inventions"
utility model refers to a new technical solution suitable for practical use, which is proposed for the shape, structure or combination of procts. The grant of utility model patent does not need to go through substantive examination, and the proceres are relatively simple and the cost is low. Therefore, the small invention of tangible procts such as daily necessities, machinery and electrical appliances is more suitable for applying for utility model patent
design patent
the definition of design in the fourth paragraph of Article 2 of the patent law of the people's Republic of China is: "design refers to the new design which is aesthetic and suitable for instrial application made by the shape, pattern or their combination of procts and the combination of color, shape and pattern." Article 23 of the patent law stipulates that "the design for which the patent right is granted shall not belong to the existing design; No entity or indivial has filed an application for the same design with the administrative department for patent under the State Council before the date of application, which is recorded in the patent documents published after the date of application. ", Compared with the previous patent law, the newly revised Patent Law has higher requirements for design
there are obvious differences between appearance design and invention and utility model. Appearance design focuses on the artistic and aesthetic creation made by the designer for the appearance of a
proct, but this artistic creation is not a simple handicraft, it must have the practicability that can be applied in the instry. In essence, design patents protect art ideas, while invention patents and utility model patents protect technical ideas; Although appearance design and utility model are related to the shape of proct, their purposes are different. The former is to make the shape of proct proce aesthetic feeling, while the latter is to make the proct with shape solve a certain technical problem. For example, if the shape, pattern and color of an umbrella are quite beautiful, it should apply for a design patent. If the structure design of the handle, ribs and head of the umbrella is simple and reasonable, which can save materials and have rable functions, it should apply for a utility model patent
appearance design refers to the new design of proct shape, pattern or their combination, as well as the combination of color, shape and pattern, which is aesthetic and suitable for instrial application. The object of design patent protection is the decorative or artistic appearance design of the proct. This kind of design can be plane pattern or three-dimensional modeling. More commonly, it is the combination of the two. The main condition for the grant of design patent is novelty.
patent for invention
the second paragraph of Article 2 of the patent law of the people's Republic of China defines invention as: "invention refers to a new technical solution for a proct, a method or an improvement thereof."
the so-called procts refer to all kinds of new procts that can be manufactured in instry, including solid, liquid, gas and other articles with certain shape and structure. The so-called method refers to the processing of raw materials to make a variety of procts. A patent for invention does not require that it is a technological achievement that has been proved by practice to be directly applied to instrial proction. It can be a solution to a technical problem or an idea that has the possibility of being applied in instry. However, this kind of technical solution or idea can not be confused with simply putting forward a subject or an idea There is no possibility of instrial application
invention refers to a new technical solution proposed for a proct, method or improvement thereof, which mainly embodies novelty, creativity and practicability. Patented inventions can be divided into proct inventions (such as machines, apparatus and appliances) and method inventions (manufacturing methods)
utility model patent
the definition of utility model in the third paragraph of Article 2 of the patent law of the people's Republic of China is: "utility model refers to a new technical solution that is suitable for practical use proposed by the shape, structure or combination of the proct." Like the invention, the utility model is also a technical solution. However, the scope of utility model patent protection is narrow. It only protects new procts with certain shape or structure, and does not protect methods and substances without fixed shape. The technical scheme of utility model pays more attention to practicality, and its technical level is lower than that of invention. Most countries' utility model patents protect relatively simple and improved technological inventions, which can be called "small inventions"
utility model refers to a new technical solution suitable for practical use, which is proposed for the shape, structure or combination of procts. The grant of utility model patent does not need to go through substantive examination, and the proceres are relatively simple and the cost is low. Therefore, the small invention of tangible procts such as daily necessities, machinery and electrical appliances is more suitable for applying for utility model patent
design patent
the definition of design in the fourth paragraph of Article 2 of the patent law of the people's Republic of China is: "design refers to the new design which is aesthetic and suitable for instrial application made by the shape, pattern or their combination of procts and the combination of color, shape and pattern." Article 23 of the patent law stipulates that "the design for which the patent right is granted shall not belong to the existing design; No entity or indivial has filed an application for the same design with the administrative department for patent under the State Council before the date of application, which is recorded in the patent documents published after the date of application. ", Compared with the previous patent law, the newly revised Patent Law has higher requirements for design
there are obvious differences between appearance design and invention and utility model. Appearance design focuses on the artistic and aesthetic creation made by the designer for the appearance of a
proct, but this artistic creation is not a simple handicraft, it must have the practicability that can be applied in the instry. In essence, design patents protect art ideas, while invention patents and utility model patents protect technical ideas; Although appearance design and utility model are related to the shape of proct, their purposes are different. The former is to make the shape of proct proce aesthetic feeling, while the latter is to make the proct with shape solve a certain technical problem. For example, if the shape, pattern and color of an umbrella are quite beautiful, it should apply for a design patent. If the structure design of the handle, ribs and head of the umbrella is simple and reasonable, which can save materials and have rable functions, it should apply for a utility model patent
appearance design refers to the new design of proct shape, pattern or their combination, as well as the combination of color, shape and pattern, which is aesthetic and suitable for instrial application. The object of design patent protection is the decorative or artistic appearance design of the proct. This kind of design can be plane pattern or three-dimensional modeling. More commonly, it is the combination of the two. The main condition for the grant of design patent is novelty.
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