The difference between utility model and invention patent: different definitions can also be understood as: the scope of protection is different, and the scope of protection of invention patent covers the scope of protection of utility model. Specifically, the invention mentioned in the Patent Law refers to a new technical scheme proposed for a product, method or its improvement. The term "utility model" as mentioned in the patent law refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. The protection period is different: the protection period of invention patent is 20 years, and that of utility model is 10 year. The review system is different: the invention patent is a two-trial system, which is first made public and then authorized. The specific process is: preliminary examination-publicity-substantive examination-authorization. Substantial examination, as the name implies, is the substantive examination of the contents of the patent. The examiner shall, according to the claims of the application documents, search and compare the published patent documents and publications at home and abroad, and evaluate the practicality, novelty and creativity of the patent. Only by meeting the three characteristics stipulated in the patent law can they not grant a patent right. Therefore, the examination period of invention patents is generally about 3 years. From the market, the market value of authorized invention patents is relatively high. From a legal point of view, the stability of authorized invention patents is relatively good. The utility model patent is a first-instance system, which only carries out preliminary examination, sometimes called formal examination. After the preliminary examination, you can authorize and only disclose the authorized patent application documents. Because there is no substantive examination of utility model patents, let alone retrieval, there is the possibility of repeated authorization of utility models, and there are cases where technical solutions are not novel and creative. From the market point of view, the market value of authorized utility model is relatively low, and from the legal point of view, the stability of authorized utility model is not good. In the process of safeguarding rights, it is necessary to make a "patent evaluation report" to evaluate the three characteristics of patents. Only when the evaluation report concludes that the patent has three characteristics can the rights protection be implemented.
Legal objectivity:
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 that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.