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. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted.