Can invention patents and utility model patents be regarded as patents?

Yes, there are three kinds of patents in China: invention patents, utility model patents and design patents. Although they are all patents, the gold content of invention patents is higher than that of utility model patents in terms of application difficulty, authorization ratio, examination strictness and examination time.

An invention patent refers to a new technical scheme proposed for a product, method or its improvement; A patent for utility model refers to a new technical scheme for the shape, structure or combination of products, which is suitable for practical use. The difference between invention and utility model is as follows: 1. Different definitions. As can be seen from the definition, the utility model patent is included in the protection scope of the object of the invention patent. You can apply for a utility model or invention to improve the shape and structure of a product, but you should apply for an invention patent for a method or software scheme, because the method or software scheme cannot reflect the change of shape or structure. 2. The protection period is different. The protection period of invention patent is 20 years from the date of filing, and that of utility model is 10 year from the date of filing. It should be noted that this is only the protection period stipulated by law, but the practical and meaningful protection period basically starts from the patent grant date, and then others can be sued for infringement or license or transfer. They have different requirements for creativity. The invention patent requires outstanding substantive features and significant progress compared with the existing technology, while the utility model only requires substantive and progress compared with the existing technology. In other words, utility model patents need less creativity than invention patents. To judge the creativity of an invention in an invalid procedure, we should not only consider the technical field to which the invention belongs, but also consider its similar or related technical fields; Judging the creativity of utility model generally focuses on the technical field to which the utility model patent belongs. 4. The review authorization procedures of the two are different. After publication, an application for a patent for invention needs to go through a substantive examination procedure, and a patent right can only be granted if no defects that do not conform to patent laws and regulations are found. However, the application for a patent for utility model is only subject to preliminary examination, not substantive examination. That is to say, in the stage of examination and authorization, the requirements of utility models are lower than that of invention patents, and it is easier to obtain patent certificates. 5. The time of obtaining patent authorization is different. It can be seen from the examination procedure in the fourth point that the authorization time of utility model patent is much faster than that of invention patent, because there is less entity examination procedure than that of invention patent. Generally speaking, an application for a patent for utility model can be authorized in about 8 months from the date of application, while an application for a patent for invention often takes 2-3 years or even longer to obtain a patent authorization. 6. Unauthorized disclosure is different. If the application for a patent for invention is not granted the patent right because of the failure of substantive examination, the application documents for a patent for invention will also be made public, and the disclosed technology will become the existing technology. However, the application for a patent for utility model will not be made public until it is authorized, and the application for a patent for utility model will not be made public without authorization. 7. The procedures for safeguarding rights are different. The main difference is that the patent for utility model authorization needs to submit a patent evaluation report before litigation, that is, requesting the patent office to examine whether the grant of utility model patent right conforms to the provisions of patent laws and regulations and issue a conclusion, which is equivalent to the substantive examination of the application for a patent for invention. The invention patent does not need this procedure. About the application time: 1. An invention patent takes more than two and a half years from application to authorization. It takes about two to three months to obtain a patent certificate for a utility model patent. I hope the above answers can help you.