网站首页 > 厂商资讯 > 康茂峰 >

如何区分“实用新型专利”与其他专利类型的英文翻译？

In the realm of intellectual property rights, patents play a crucial role in protecting inventions. There are several types of patents, each with its own characteristics and requirements. Among them, the "utility model patent" is a popular type that is often confused with other patent types. In this article, we will explore how to distinguish a utility model patent from other patent types in English.

Definition of a Utility Model Patent

A utility model patent is a form of intellectual property protection granted to a new, practical, and applicable technical solution. It is mainly used to protect the shape and structure of a product, which can achieve a certain technical effect. The term "utility model" is often translated into English as "utility model patent" or "utility model invention."

Definition of Other Patent Types

(1) Utility Patent: A utility patent is a form of intellectual property protection granted to a new, useful, and non-obvious invention. It can cover a product, a process, or a combination of both. The term "utility patent" is commonly used in English.

(2) Design Patent: A design patent is a form of intellectual property protection granted to a new, original, and ornamental design of a functional item. It is often used to protect the appearance of a product. The term "design patent" is widely used in English.

(3) Plant Variety Patent: A plant variety patent is a form of intellectual property protection granted to a new, distinct, uniform, and stable plant variety. It is mainly used to protect the variety of plants. The term "plant variety patent" is often used in English.

Differences Between Utility Model Patents and Other Patent Types

(1) Scope of Protection

Utility Model Patent: It mainly protects the shape and structure of a product, which can achieve a certain technical effect. The protection scope is relatively narrow.
Utility Patent: It can cover a product, a process, or a combination of both. The protection scope is broader than that of a utility model patent.
Design Patent: It protects the appearance of a product, which is not related to the technical effect. The protection scope is mainly focused on the ornamental aspect.
Plant Variety Patent: It protects the variety of plants, which is not related to the technical effect. The protection scope is limited to plant varieties.

(2) Requirement for Novelty

Utility Model Patent: The requirement for novelty is relatively low, as long as the invention is not publicly known or disclosed in China or abroad before the filing date.
Utility Patent: The requirement for novelty is higher, as the invention must be new, useful, and non-obvious.
Design Patent: The requirement for novelty is also relatively low, as long as the design is new and original.
Plant Variety Patent: The requirement for novelty is relatively low, as long as the plant variety is new, distinct, uniform, and stable.

(3) Duration of Protection

Utility Model Patent: The duration of protection is 10 years from the filing date.
Utility Patent: The duration of protection is 20 years from the filing date.
Design Patent: The duration of protection is 15 years from the filing date.
Plant Variety Patent: The duration of protection is 20 years from the filing date.

How to Distinguish a Utility Model Patent from Other Patent Types in English

To distinguish a utility model patent from other patent types in English, you can use the following methods:

(1) Check the description of the invention: If the description focuses on the shape and structure of a product, it is likely a utility model patent.
(2) Analyze the claims: If the claims mainly involve the shape and structure of a product, it is likely a utility model patent.
(3) Review the classification: Utility model patents are often classified under the "C" class in the International Patent Classification (IPC).

In conclusion, distinguishing a utility model patent from other patent types in English requires analyzing the scope of protection, the requirement for novelty, and the duration of protection. By understanding these factors, you can effectively identify and classify the type of patent in question.