What's the difference between invention patent and utility model?

1. Inventions and utility models can protect different objects. 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. It can be seen that the invention can not only protect the method, but also protect the products and materials. Moreover, there is no restriction on the types of products, and only products with shapes and structures can be protected. Second, inventions and utility models have different requirements for creativity. Compared with the existing technology before the filing date, the requirements of China's patent law have outstanding substantive characteristics and remarkable progress; The requirement of utility model is that it has substantial features and progress compared with the existing technology before the filing date. The invention emphasizes "outstanding substantive features" and "remarkable progress", while the utility model only mentions "substantive features and progress". Obviously, invention is more creative than utility model. Because invention needs creativity more than utility model, it is generally considered that the value of invention is higher than utility model. Therefore, whether the patent right is licensed or transferred or the infringement lawsuit is decided, the income or compensation of the invention patent can often be higher than that of the utility model. Four, the invention and utility model examination and approval procedures are different. The examination and approval procedures for invention patents are: filing an application → preliminary examination → publicity → substantive examination → authorization or rejection; The examination and approval procedure of utility model is: application → preliminary examination → authorization or rejection. The application for a patent for invention needs to go through substantive examination, that is, patentability examination, which is relatively strict, while the application for a patent for utility model is only a formal examination and does not involve patentability examination. In other words, as long as there are no errors (obvious errors) in the document, the patent for utility model will be granted. Judging from the examination cycle, the examination cycle of invention patent application is long, 3 or 5 years is normal, and the examination time of utility model patent application is short, ranging from a few months to a year and a half. Five, the longest protection time of invention and utility model is different. From the protection period, the protection period of invention is 20 years, and that of utility model is 10 year. In contrast, the protection period of utility model patents is much shorter than that of invention patents. This is because, generally speaking, the process of utility model creation is simpler and easier than invention creation, and the time to bring benefits into play is much shorter. Therefore, the provisions of the law on its protection period are correspondingly shorter. Six, the cost of invention and utility model is different. In the stage of application for invention and utility model, the application fee for invention patent is 900 yuan/item, and the application fee for utility model is 500 yuan/item. In addition, to apply for a patent for invention, you need to pay the publishing and printing fee of each 50 yuan and the substantive examination fee of 2,500 yuan. The annual fee after authorization is higher for inventions than for utility models. Of course, if the application is made by an entrusted agency, the invention agency fee charged by the agency is also higher than that of the utility model.