The utility model patent application does not need substantive examination, and the time from application to authorization is usually about 6- 12 months. For many applicants, products related to patent applications are often exhibited and put on the market after the application. The application for utility model can timely carry out rights protection, publicity and qualification certification through the obtained patent right.
I would rather choose the wrong one than miss it.
Paragraph 2 of Article 41 of the Detailed Rules for the Implementation of the Patent Law stipulates that if the same applicant applies for a patent for utility model and an invention patent for the same invention and creation on the same day (referring to the date of filing), it shall be clearly stated at the time of application that another patent has been applied for the same invention and creation; If there is no explanation, it shall be handled in accordance with the provisions of the first paragraph of Article 9 of the Patent Law that only one patent right can be granted to the same invention-creation. According to this law, even if the utility model and invention applied for on the same day are not the same invention-creation, there will be no problem in checking in the request. If it is omitted in the request and the invention meets the authorization conditions, it can only be authorized by modifying the claim, further narrowing the scope of protection and distinguishing the claim from the utility model.
The protection time of utility model and invention is seamlessly connected.
Paragraph 5 of Article 41 of the Detailed Rules for the Implementation of the Patent Law stipulates that the patent right for utility model shall be terminated from the date of announcement of the patent right for invention. That is to say, in the process of invention defense, the waiver of the patent right for utility model submitted for invention authorization shall be subject to the invention authorization. If the examiner examines other problems for the invention and the invention cannot be authorized, the waiver of the patent right for utility model will not take effect.
Expand the scope of patent protection.
You can apply for utility model and invention creation at the same time, and it must be an innovation related to structure. If only the utility model is applicable, the method innovation related to this structure cannot be protected. At the same time, when applying for invention, the processing method, use method, installation method and control method involving structural innovation can be protected in the application documents of invention.
You don't have to rush to authorize the invention, you can reply more and strive for greater protection.
There are usually some irrationalities in our opinions on invention examination. First, the examiner's understanding of the technical scheme is incorrect; Second, the examiner will think in hindsight and think that it is not creative. If you don't apply for a utility model at the same time, the applicant will reply by agreeing to the examination opinions, making concessions in time, amending the patent claim, etc., because he hopes to be authorized as soon as possible. In this case, we will lose many opportunities to argue with the examiner and lose many patent protection fields that we could have won.
For more patent application questions, please pay attention to guaguazhiwang:/zhuanglishenqing/