The fundamental difference between the invention patent and the utility model patent is 1, and the protection is different: the utility model patent only involves the shape and structure of the product, and the protection scope is narrower than the invention patent. 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. 2. Different progress: in the process of patent creativity examination, invention patents need to have "outstanding substantive characteristics and significant progress", while utility model patents only need to have "substantive characteristics and progress". The level of creativity of utility models is lower than that of inventions, so some people call utility model patents "small inventions" or "small patents". 3. Different examination and approval procedures: The Patent Law stipulates simplified examination and approval procedures for utility model patent applications, and utility models only undergo preliminary examination, while invention patents need substantive examination in addition to preliminary examination. 4. Different review periods: 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 periods in different technical fields are quite different, and some technical fields may take 2-3 years or even longer. People's Republic of China (PRC) Patent Law Article 2 Invention-creation as mentioned in this Law refers to inventions, utility models and designs. 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. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns.
Legal objectivity:
patent law of the people's republic of china
Article 42