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.
The reason for this is the following：
1. The reason why the state protects utility models is to encourage small inventions with low cost and short development cycle, so as to meet the needs of economic development more quickly. But this does not mean that only small inventions can apply for utility models, and other highly creative inventions can also apply for utility models as long as they meet the protection objects of utility models.
2. Because the time period of invention patent authorization is generally as long as 2 ~ 3 years, the requirements are high and it is difficult to pass the examination. In order to enable the patentee to obtain authorization quickly, a patent for utility model is established. After the patent right is granted first, if there is a patent infringement dispute, the corresponding substantive examination procedure will be started, including the evaluation of the practicality, novelty and creativity of the patent right. Can save a lot of review resources.
Characteristics of utility model patents
1. The utility model patent only protects the product, which should be an entity manufactured by industrial methods and occupying a certain space. All related methods (including the use of products) and natural objects that have not been artificially manufactured are not protected by utility model patents.
2. The creativity of the utility model is not too high, but it is practical and has great practical value.
3. In the examination and approval of patent rights, we should simplify the examination and approval procedures, quickly authorize, shorten the protection period and lower the charging standard.