What is utility model technology, and what is the difference from patent?

Utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. Essentially, it is a kind of invention, which is also called "small invention" because of its low level of creativity, and the patented utility model is called "small patent". Because applying for utility model has lower requirements and easier authorization than applying for invention patent, it always occupies an important position in the total number of patent applications and authorizations in China. When applying for a patent, many inventors or designers will apply for a patent for utility model at the same time as applying for a patent for invention. So, what's the difference between utility model patent and invention patent?

1. The term of protection of utility model patents is 65,438+00 years, and that of invention patents is 20 years, counting from the date of filing.

Second, the scope of utility model patents is much narrower than that of invention patents. The utility model has a narrow scope of application. Only the innovative design related to the shape, composition or combination of products. In principle, it is impossible to apply for utility models for various manufacturing methods. Inventions can be divided into product inventions (such as machines, instruments, equipment and appliances) and method inventions (manufacturing methods), which can be said to be quite broad.

3. The application threshold for utility model patent is lower than that for invention patent. The requirement of China's patent law for utility model is that it has substantive features and progress compared with the existing technology before the filing date, while the application for a patent for invention has outstanding substantive features and significant progress compared with the existing technology before the filing date. Do you see the difference between these two sentences? Invention patents put more emphasis on "outstanding" and "remarkable". Although there are only a few words, the requirements are much higher.

Fourth, the examination and approval of utility model patents is faster than invention. General utility models can get authorization notice in 6-8 months, while the examination and approval period of inventions is very long, which usually takes 2-5 years. So if you need to get a patent right as soon as possible, you can apply for a utility model patent. If you are not in a hurry to get a patent, you can apply for a patent for invention.