In order to make it clear in plain language, let's first look at the definitions of utility model patent and invention patent (from the Patent Law of People's Republic of China (PRC)):
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.
As can be seen from the above definition, utility model patents can only be used to protect products, which should be entities with a certain shape and structure and occupy a certain space, and manufactured by industrial methods.
Invention patents are divided into product inventions and method inventions, which are broader than utility model patents.
Product inventions include all inventions made by objects created by people.
Methods Inventions include all methods that make use of natural laws, which can be divided into manufacturing methods and operating methods, such as inventions made in processing methods, manufacturing methods, inspection methods or product use methods.
As can be seen from the above comparison, the utility model patent is compared with the invention patent:
1, the utility model patent only involves the shape and structure of the product, and the protection scope is narrower than that of the invention patent. It must be noted that the invention and creation of the method cannot be applied to the utility model. Some people don't understand, and as a result, they applied for utility model patents, wasting time and application fees.
2. In the process of patent creativity examination, invention patents need to have "outstanding substantive features and significant progress", while utility model patents only need to have "substantive features and progress".
3. The creativity level of utility model is lower than that of invention. So some people call utility model patents "small inventions" or "small patents".
4. The Patent Law stipulates the simplified examination and approval procedure for the application for a patent for utility model, and only makes a preliminary examination of utility model. In addition to preliminary examination, invention patents need substantive examination.
5. The review period is different. General utility model patents can get patent certificates in about 6 months, and invention patents can get patent certificates in about 1 year and a half, because the technical fields of invention patents are wider, and the review cycle of different technical fields is very different. Some technical fields may take 2-3 years or even longer.
6. In terms of fees, the fees payable for applying for a patent for utility model are lower than those payable for applying for a patent for invention. For example, it takes 1 for a utility model patent to obtain a patent certificate, and 4605 yuan for an invention patent application to obtain a patent certificate. There is still a big difference.
7. The term of protection of utility model patents is 10 years, and that of invention patents is 20 years, counting from the date of application.
8. High-tech enterprises need six utility model patents for different applications, which can only be used once; The invention patent only needs 1 piece, and can be used at least once!
9. The rewards given by the unit are different. Each unit has different rewards for utility model patents and invention patents, but in general, the amount of rewards for invention patents is at least twice that of utility model patents.
Note to entrepreneurs: utility model patents cannot be directly used to fight patent infringement lawsuits!