By the way, the difference between invention patents and utility model patents: should enterprises apply for protection of technological achievements or utility model patents? This problem is worth thinking about.
1. Progress is different: in the process of patent creativity examination, invention patents need to have "outstanding substantive characteristics and remarkable 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".
2. Different examination and approval procedures: The Patent Law stipulates simplified examination and approval procedures for utility model patent applications, and only preliminary examination is conducted for utility models, while invention patents need substantive examination in addition to preliminary examination.
3. From the time limit of invention patent protection; The validity period of invention patents is 20 years, which is longer than that of utility model patents and design patents. As we all know, the protection period of a patent right cannot be extended, and the technological achievements will be made public after the time limit. Therefore, it is more reliable to apply for an invention patent.
Of course, although invention patents have so many benefits and long protection time, it is not easy to apply for invention patents. Moreover, even if the application is completed, if the enterprise forgets to pay the annual fee for the invention patent, then the invention patent cannot be protected! It can be seen how difficult it is to obtain and protect invention patents. Not only be careful when applying, but also pay an annual fee after the application is completed!
Whether applying for invention patent or utility model patent, enterprises need to know the requirements of patent application, otherwise it will only waste time. If enterprises are confused, they can also apply for invention patents and utility model patents at the same time. If the application for the invention patent is successful, the enterprise can abandon the utility model patent and protect its technological achievements through the invention patent.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 2 Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of products and the combination of color and shape and pattern.
Article 40 If the application for a patent for utility model or design is not found to be rejected after preliminary examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement.
Article 42 The term of patent right for invention is 20 years, and the term of patent right for utility model and patent right for design is 10 years, counting from the date of application.