In my country’s current patent law, utility models and inventions are both objects protected by patent law. They are both scientific and technological inventions and creations. In this sense, the essence of the two is the same;
But in fact, there are many differences between these two types of patents, which can be summarized as follows:
(1) The creativity of utility models is lower than that of inventions. my country's patent law requires that when applying for an invention patent, it must have outstanding substantive features and significant progress compared with the existing technology before the filing date; while the requirement for a utility model is that it must be comparable to the existing technology before the filing date. Than, there are substantial features and progress. For inventions, the outstanding substantive features and significant progress are emphasized, while for utility models, only substantive features and progress are mentioned. Obviously, the degree of creativity of an invention is higher than that of a utility model.
(2) The scope of utility models is smaller than that of inventions. Since an invention is a new technical solution proposed for a product, method or improvement thereof, an invention can be a product invention, a method invention, or an improvement invention. Only product inventions can be shaped product inventions or unshaped product inventions. Moreover, unless there are special provisions in the patent law, any invention can obtain patent rights in accordance with the law. However, the scope of applying for utility model patent rights is much narrower. It is limited to practical new technical solutions proposed by the shape, composition or combination of the product. In this way, various manufacturing methods cannot apply for utility model patents. At the same time, it is impossible to create a utility model for products that have nothing to do with shape, structure or combination thereof. Therefore, the scope of utility models is much narrower than that of inventions and is limited to innovative designs related to the shape, structure or combination of products.
(3) The protection period of utility model patents is shorter than that of inventions. my country’s Patent Law expressly stipulates that the protection period for utility model patents is 10 years, calculated from the date of application. The protection period for invention patents is 20 years. In contrast, the protection period of a utility model patent is much shorter than that of an invention patent. This is because, under normal circumstances, the creation process of a utility model is simpler and easier than that of an invention, and the time to realize its benefits is also much shorter. Therefore, the legal provisions on its protection period are correspondingly shorter.
(4) The approval process for utility model patents is simpler than that for invention patents. According to the provisions of my country's Patent Law, after the Patent Office receives an application for a utility model patent, if it is determined through preliminary examination that it meets the requirements of the Patent Law, it will make an announcement without conducting substantive examination, notify the applicant, and issue a utility model patent certificate. For invention patents, they must go through substantive examination, and the examination procedures and time are much more complicated and longer than those for utility models.