Legal analysis: according to the relevant provisions of China's patent law, patents are divided into three categories: one is invention patents. A new technical scheme mainly aimed at products or methods or their improvement. Second, utility model patents. Mainly aimed at the shape, structure or combination of products, it is a practical new technical scheme. Third, the design patent. Mainly aimed at the new design of product modeling and pattern. Utility model refers to a new technical scheme for the shape, structure or combination of products. The creativity and technical level of utility model in patent law is lower than that of invention patent, but it has great practical value. In this sense, utility models are sometimes called small inventions or small patents. In view of the utility model, we should simplify the examination and approval procedures, shorten the protection period and lower the charging standard for protection. As for the utility model, some countries do not list it as an independent patent protection type, but protect it in the invention patent. In other countries, utility models are listed as an independent type of patent protection.
Legal basis: Article 2 of the Patent Law of People's Republic of China (PRC) Invention-creation as mentioned in this Law refers to inventions, utility models and designs. 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. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.