Legal analysis: the difference between utility model patent and invention patent is: 1, and the protection is different; 2. Different progress; 3. Different approval procedures; 4. The review cycle is different. If the application for a patent for invention is 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.
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.