What is a patent ?
A patent is an intellectual property right which is examined and granted by the competent authority (e.g., Patent Office) for a creation of invention, utility model, or design “to prevent third parties from commercially exploiting the creation without the patentee’s consent” for a limited time period in exchange for public disclosure of the creation when the patent is granted.
According to the Patent Act, patents are granted only for inventions that are new, involve an inventive step and are industrially applicable. An invention must meet the following requirements:
(1) It is not known to the public in any form.
(2) It is not obvious to a person skilled in the art. (3) It can be manufactured or used industrially.
(3) It can be manufactured or used industrially.
Invention Patent
Invention refers to the creation of technical ideas generated by using the inherent laws of nature to produce effects, solve problems, and achieve the expected purpose of the invention. Inventions must have a technical character, that is, the means to solve problems must be technical means related to the technical field. Inventions that are applied for patents are technical in nature, so they meet the definition of inventions; therefore, inventions that are applied for patents that are not technical in nature, such as simple discoveries, scientific principles, simple information disclosure, simple artistic creations, etc., do not meet the definition of inventions.
Utility Patent
It is the creation of the shape, structure or combination of objects that occupy a certain space by using the technical ideas of natural law. Utility model refers to the creation based on shape, structure or combination, which produces useful and practical objects. The Utility model applied for patent is limited to the creation of the shape, structure or combination of tangible objects, not only belongs to the abstract technical ideas or concepts, so the manufacturing method, processing method, using method, and chemical substances and components without certain spatial shape and structure do not meet the definition of utility model.
Design Patent
It refers to the creation of the shape, pattern, color or combination of all or part of an article through visual appeal. In addition, a design patent may also be applied to the computer image and graphical user interface of the article. In order to meet the definition of design, the creation of “shape, pattern, color or combination thereof” presented in the application of a design patent must conform to the specific design “applied to an object” and “through visual appeal”.
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