First, utility model patents are not as creative as invention patents.
Compared with the existing technology before the filing date, the requirements of China's patent law have outstanding substantive characteristics and remarkable progress; The requirement of utility model is that it has substantial features and progress compared with the existing technology before the filing date. The invention emphasizes "outstanding substantive features" and "remarkable progress", while the utility model only mentions "substantive features and progress".
Obviously, the degree of creativity of invention patents is higher than that of utility model patents.
Two, the scope of the patent for utility model is less than the invention patent.
An invention can be a product invention, a method invention or an improved invention. Unless otherwise stipulated in the patent law, any invention can be patented according to law.
The utility model is not limited to the shape, composition or combination of products, and is a practical new technical scheme. In this way, all kinds of manufacturing methods can not apply for utility model patents. At the same time, it is impossible to produce utility models for products that have nothing to do with shape, structure or their combination.
Therefore, the scope of utility model is narrower than that of invention, and it is only limited to innovative designs related to the shape, structure or combination of products.
Third, the term of protection of utility model patents is shorter than that of invention patents.
According to the patent law of our country, the protection period of utility model patent is 10 year, counting from the date of filing. The protection period of an invention patent is 20 years. In contrast, the protection period of utility model patents is much shorter than that of invention patents.
Four, the examination and approval procedures for utility model patents are simpler than invention patents.
According to the provisions of China's patent law, after receiving an application for a patent for utility model, the Patent Office, after preliminary examination, finds that it conforms to the provisions of the patent law, and will not conduct substantive examination, then make an announcement, notify the applicant and issue a patent certificate for utility model.
For invention patents, it is necessary to go through substantive examination, and the procedure and time of examination are much more complicated and longer than that of utility model patents.