1. Different protection: the utility model patent only involves the shape and structure of the product, and the scope of protection is narrower than that of 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.
Legal basis: Article 39 of the Patent Law of People's Republic of China (PRC). If the application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.