(Let's talk about the advantages of favoring utility model patents first) 1. It usually takes 1.5-2.5 years to authorize invention patents, while utility models usually take 6-1 months to obtain authorization, which has obvious advantages. 2. Application fee and annual fee The official fee for the invention patent application stage is 3,45 yuan, while the utility model only needs 5 yuan; In terms of annual fee after authorization, the utility model is also lower than the invention. 3. The utility model is easier to be authorized. Because the utility model can be directly authorized without going through the substantive examination procedure, the invention patent can be authorized only after going through two procedures: preliminary examination and substantive examination. 4. The examination process of utility model is confidential and will not be interfered by a third party. Because of the preliminary examination announcement procedure, the invention application can be searched and viewed by the general public before authorization. However, the review process of the utility model is confidential, and the public cannot retrieve and view it, and it can only be viewed after the authorization announcement. For the invention application, after the announcement of its preliminary examination, anyone who thinks that it does not conform to the provisions of the patent law can put forward opinions to the patent office, that is, public opinions; That is to say, if competitors see that a patent application may be unfavorable to them, they can make a comprehensive search in advance, find documents that can affect novelty or creativity, and submit them to the Patent Office. In the subsequent review process, the examiner may directly cite these documents and reject the patent. For the utility model, because the examination process is confidential, there is no procedure to receive public opinions. It also shows that the utility model is easier to obtain authorization.
(The following is the advantage of favoring invention patents) 1. Protection period The invention is valid for 2 years, the utility model is only 1 years, and the utility model cannot be renewed after its expiration. 2. Novelty and creativity. The invention patent is novel and creative after it is authorized. After the utility model is authorized, it is still uncertain whether it is novel and creative, and it needs to be verified through the patent evaluation report. 3. Compensation for rights protection. Once the infringement is found, the defendant needs to "stop the infringement", which is the same for inventions and utility models; However, if the principle of statutory compensation is applied in compensation, the amount of compensation for utility models is usually lower than that for invention patents. Through the comparison and difference between the above two, they each have their own advantages, but the same function is to safeguard product rights and interests. Who has the advantage mainly depends on the needs of each enterprise!