Is the utility model patent an invention patent?

Legal analysis: No, there is a difference between the two. A patent for utility model refers to a new technical scheme for the shape, structure or combination of products, which is suitable for practical use; An invention patent refers to a new technical scheme proposed for a product, method or its improvement. Both are inventions. Inventions and utility models granted patent rights should be novel, creative and practical. The term of the invention patent right is 20 years, and the term of the utility model patent right is 10 years, all of which are counted from the date of application.

Legal basis: Article 2 of the Patent Law of People's Republic of China (PRC) Invention-creation as mentioned in this Law refers to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.