Which is easier, the invention patent or the utility model patent?

First of all, as can be seen from Article 2 of the Patent Law, there are differences between the objects of protection of inventions and utility models. An invention patent refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for product shape, structure or their combination. The utility model can only be aimed at products, and the object of an application for a patent for invention can be products or technological methods. So some have corresponding differences in the application documents. The utility model must be accompanied by instructions, while the invention of methods and formulas sometimes need not be accompanied by drawings.

Secondly, the innovation requirements of the two are different, which is reflected in the creative requirements. According to the third paragraph of Article 22 of the Patent Law, compared with the prior art, the invention has obvious substantive characteristics and remarkable progress; Compared with the prior art, the utility model has substantial characteristics and progress. Specifically, it is also reflected in the review. The creative evaluation of inventions can be combined with more than three comparative documents, while utility models generally cannot exceed three comparative documents.

And the review rules are different. At present, China implements the preliminary examination system for utility models. Generally, only formal examination is conducted, not substantive examination, and retrieval is generally not conducted. The audit cycle has also been greatly shortened. The current authorization time is 5 to 8 months from the date of application; However, the invention is first made public and then examined, and the substantive examination is generally entered at the request of the applicant. During the review process, the examiner will conduct relevant searches and give review opinions. Inventions need authorization, and sometimes the workload of defense is far greater than the writing of application. The number of specific review opinions depends on the situation, and the process is complicated and takes a long time. Therefore, the general authorization time for inventions is more than 1 year to 2 years from the date of application, sometimes longer.

Moreover, the protection period is different. At present, the protection period of utility model in China is 10 year, and the protection period of invention is 20 years. According to Article 42 of the Patent Law.

Moreover, in the litigation stage, the effect is different. Generally, the infringement lawsuit of invention patent can be brought directly to the court, while the utility model court usually needs the patent evaluation report made by the State Council.