10
Year.
Invention patent: refers to a new technical scheme proposed for a product, method or its improvement. Such as the manufacturing method or technology of products, the formula of materials, the formula of drugs, etc. , the protection period is
20
Year.
Both can be applied at the same time. However, the same invention cannot be protected by both invention patent and utility model patent. If, during the substantive examination of an application for a patent for invention, it is found that the invention has obtained a patent for utility model, the applicant shall be informed to choose one of the two types of patent protection when granting a patent for invention.
People usually call utility models "gizmos". In the current patent law in China, utility models and inventions
They are all objects protected by patent law, and they are all scientific and technological inventions. In this sense, the essence of the two is mutual.
Same; But there are many differences between these two patents, which can be summarized as the following four points:
(1) The utility model is not as creative as the invention.
Compared with the existing technology before the filing date, the requirements of China's patent law have outstanding substantive characteristics and remarkable progress; The requirements for utility models are the same as the filing date.
Compared with the prior art, it has substantial characteristics and progress. The invention emphasizes "outstanding substantive characteristics" and "remarkable progress"
Steps ",but only mentioned the" substantial features and progress "of the utility model. Obviously, invention is more creative than utility model.
. ?
(2) The scope of utility model is smaller than that of invention.
Because the present invention is a product, method
Or its improvement, so the invention can be a product invention or a method invention.
So as to improve the invention. Only in product invention, it can also be a fixed product invention or a non-fixed product invention. Moreover, unless otherwise stipulated in the patent law, any invention can be patented according to law. However, the scope of applying for the patent right for utility model is
In a much narrower sense, it is limited to the practical new technical scheme proposed by the shape, composition or combination of products. In this way, all kinds of manufacturing methods can not apply for utility model patents. At the same time, it is impossible to have products that have nothing to do with shape, structure or their combination.
The utility model came into being. Therefore, the scope of utility model is much narrower than that of invention, which is only limited to the shape, structure or group of products.
Related innovative design. ?
(3) The protection period of utility model patent is shorter than that of invention.
China's patent law clearly stipulates that the protection period of utility model patents is 10 years, counting from the date of filing. And the protection period of the invention patent.
The rule is 20 years. 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. ?
(4) The examination and approval procedure of utility model patent is simpler than that of invention patent.
According to the provisions of China's patent law, after receiving an application for a patent for utility model, the Patent Office, after preliminary examination,
If it is found to be in conformity with the provisions of the Patent Law after examination, it may be announced without substantive examination, and the applicant shall be notified to issue a utility model certificate.
Patent certificate. For the invention patent, it needs to go through substantive examination, and the procedure and time of examination are much more complicated and longer than that of utility model.
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