Can produce utility model patents.

The legal status and effect of utility model patent right and invention patent right are the same. However, due to the different examination procedures of patent offices, the stability of their rights is not as high as that of inventions. For example, if you want to file an infringement lawsuit, the court will generally ask you to issue a patent evaluation report.

However, your own production and sales have nothing to do with whether you get a patent or not. As long as others do not apply for a patent, the protection period of the patent right shall be counted from the date of application.

I think the reason why you ask this question may be because there is a common method of patent application at present, that is, the same invention-creation applies for a patent for invention and utility model on the same day, so that the utility model will be authorized in about 8 months, and the invention is still under review. If the invention has the prospect of future authorization, the previously authorized utility model patent can be abandoned and the invention patent right can be obtained; If the invention has no authorization prospect in the future, it will not affect the patent right of utility model that has been obtained.