1. Different protection objects: An invention refers to a new technical scheme proposed for a product, method or its improvement.
Utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products.
2. Different protection periods: the protection period of utility model patents is 10 years, and that of invention patents is 20 years, both from the date of filing.
3. Different creativity requirements: invention patents need to have "outstanding substantive characteristics and significant progress", while utility model patents only need to have "substantive characteristics and progress", and their creativity level requirements are far lower than inventions.
4. The examination and approval procedures are different: the utility model only carries out formal examination, while the invention patent needs substantive examination besides formal examination, so the authorization time is longer.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 11 After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method. After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.
Article 42
The term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, both counting from the date of application.