1. The authorization of utility model patent is much faster than that of invention. After the authorization of utility model patent, the patent right can be determined to provide support for rights protection;
2. The invention patent examination is strict and the authorization rate is low. Even if the invention patent fails to be rejected, there is already a patent for utility model that protects technological achievements, and it will not be nothing.
In addition, after the invention patent is notified of authorization, the applicant must apply to give up the patent right of utility model in order to obtain the patent right of invention patent.
The patent law provides as follows:
Article 31 An application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application.
An application for a patent for design shall be limited to one design. Two or more similar designs of the same product, or two or more designs of products used in the same category and sold or used in sets, may be filed as one application.