What's the difference between invention patent and utility model patent?
There are many kinds of patents, which can be roughly divided into invention patents and utility model patents. So what's the difference between invention patent and utility model? Next, Bajie Intellectual Property takes you to know the relevant knowledge. Invention patents and new utility model patents 1 What is the difference between an invention patent and a utility model 1? Scope of application: invention patent: technical scheme (product, method, technological process) proposed for product method or improvement. Utility model: a new technical scheme (product) proposed only for the product shape or its combination. 2. The utility model is not as creative as the invention: the invention is more substantial than the existing technology before the application date. Protection period: 20 years after invention and 10 year for utility model. Examination and approval process: The examination and approval process of utility model is simpler than that of invention (the invention has substantive examination, but the utility model does not). Second, the provisions of the invention patent 1) exclusive right to use: refers to the exclusive right of the patentee to manufacture, sell or use his patented product or patented method according to law; 2) Import right: refers to the right of the patentee to prohibit others from importing patented products for commercial purposes without permission or authorization within the validity period of the patent right; 3) Transfer right: refers to the right of the patentee to transfer the patent ownership he has obtained to others; 4) Licensing right: refers to the right of the patentee to license others to exploit his patent and collect royalties by implementing a licensing contract; 5) Waiver right: refers to the right of the patentee to give up his patent right in writing or without paying the annual fee at any time before the expiration of the protection period; 6) Marking right: refers to the right of the patentee to mark the patent mark and patent number on the patented product or its packaging, container, instruction manual and product advertisement. 7) The termination of patent rights can be divided into: (1) expiration termination: the invention patent right is 20 years from the date of application, and the utility model or design patent right is terminated according to law from the date of application 10; (2) Termination without payment: If the patentee fails to pay the annual fee and overdue fine in full as required, the patent right shall be terminated from the expiration date of the previous year. 8) If you miss the time to pay the annual fee, you can pay it within six months from the date of application, but you have to pay a late fee. If it is more than six months, you can go to China National Intellectual Property Administration to go through the formalities of right restoration within two months after receiving the notice of termination of the patent right, and pay the annual fee and restoration fee. If the above time is exceeded, the patent right will be terminated and cannot be restored, and the applicant can only make improvements and re-apply. 9) The scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings can be used to explain the claim. The scope of protection of the patent right of design shall be subject to the patented product of design shown in pictures or photographs. After the invention patent or utility model patent is authorized, without the permission of the patentee, the patentee has the right to stop anyone from manufacturing, using, promising to sell, selling or importing patented products for production and business purposes, or using patented methods, or using, promising to sell, selling or importing products directly obtained by patented methods. After the design patent is authorized, the patentee has the right to stop anyone from manufacturing, selling or importing the patented product for production and business purposes without the permission of the patentee.