(1) As for utility models, some countries do not list them as an independent type of patent protection, but protect them in invention patents. In other countries, utility model is listed as an independent type of patent protection. The reason why the state protects utility models is to encourage the creation of small inventions with low cost and short development cycle, so as to meet the needs of economic development more quickly.
(2) The Paris Convention does not stipulate the concept of utility model, but stipulates that utility model enjoys the benefit of invention patent. The Agreement on Trade-Related Aspects of Knowledge also does not separately stipulate the patent type of utility model. China's Patent Law clearly regards utility model as one of the types of patent protection, and stipulates that utility model patent refers to a new technical scheme suitable for practical use proposed by product shape, structure or their combination.