(Let's talk about the advantages of favoring utility model patents first) 1. Invention patent authorization usually takes 1.5-2.5 years, while utility model authorization usually takes 6- 10 months, with obvious advantages. 2. Application fee and annual fee The official fee for the invention patent application stage is 3,450 yuan, while the utility model only needs 500 yuan; As far as the annual fee after authorization is concerned, the utility model is also lower than the invention. 3. The utility model is easier to be authorized. Because utility models can be directly authorized without substantive examination procedures, invention patents can only be authorized after two procedures: preliminary examination and substantive examination. 4. The examination process of the utility model is confidential and will not be interfered by the third party. Thanks to the preliminary examination and announcement procedure, the invention application can be searched and viewed by the general public before authorization. However, the review process of the utility model is confidential, and the public cannot retrieve and view it, but can only view it after the authorization announcement. For an application for invention, after its preliminary examination and announcement, anyone who thinks it is not in conformity with the provisions of the Patent Law may submit his opinions to the Patent Office, that is, public opinions; In other words, if competitors see that a patent application may be unfavorable to them, they can conduct a comprehensive search in advance to find documents that can affect novelty or creativity and submit them to the Patent Office. In the subsequent review process, the examiner can directly refer to these documents and reject the patent. For the utility model, because the examination process is confidential, there is no procedure for receiving public opinions. It also shows that the utility model is easier to obtain authorization.
(The following are the advantages of favoring invention patents. ) 1, the protection period is 20 years, and the utility model is only 10 years. The utility model cannot be renewed when it expires. 2. novelty and creativity. The invention patent is novel and creative after being authorized. After the utility model is authorized, it is uncertain whether it is novel and creative, and it needs to be verified by the patent evaluation report. 3. Compensation for rights protection. Once the infringement is discovered, the defendant needs to "stop the infringement", which is also true for inventions and utility models; However, if the principle of statutory compensation is applied in compensation, the amount of compensation for utility models is usually lower than that for invention patents. Through the comparison and difference between the above two, they have their own advantages, but the same function is to safeguard product rights and interests. Who has the advantage mainly depends on the needs of each enterprise!