What are the differences between utility model patents and invention patents

1、 The creativity of utility model patent is lower than that of invention patent

The requirements of China's patent law for applying for invention patents are that compared with the existing technology before the application date, it has prominent substantive characteristics and significant progress; The requirement for the utility model is that it has substantive features and progress compared with the existing technology before the application date. The invention emphasizes "outstanding substantive features" and "remarkable progress", while the utility model only mentions "substantive features and progress". Obviously, invention patents are more creative than utility model patents.

2、 The scope of utility model patent is less than that of invention patent

An invention can be a product invention, a method invention, or an improved invention. Unless otherwise specified in the Patent Law, any invention can be patented according to law.

The utility model is only limited to the practical new technical scheme proposed by the shape, composition or combination of the product. Thus, various manufacturing methods cannot apply for utility model patents. At the same time, it is impossible to produce utility models for products unrelated to shape, structure or combination thereof.

Therefore, the scope of the utility model is narrower than that of the invention, and is only limited to the innovative design related to the shape, structure or combination of the product.

3、 The protection period of utility model patent is shorter than that of invention patent

China's Patent Law stipulates that the term of protection for utility model patents is 10 years, calculated from the date of application. The term of protection for invention patents is 20 years. In contrast, the protection period of utility model patents is much shorter than that of invention patents.

4、 The approval process of utility model patents is simpler than that of invention patents

According to the provisions of the Patent Law of China, after receiving the application for utility model patent, the Patent Office will not conduct substantive examination if it believes that the application meets the requirements of the Patent Law after preliminary examination, and will obtain the patent certificate after authorization and payment.

For invention patents, they must go through substantive examination, and the examination procedures and time are much more complicated and long than those of utility model patents.

As for the difference between utility model patent and invention patent, Jinghan intellectual property has been introduced to you in detail and four points have been summarized, so you can apply for utility model patent at the same time when you apply for invention patent, which is good for us.