Compared with the existing technology before the filing date, the patent law in China has outstanding substantive characteristics and remarkable progress, while the requirement of utility model has substantive characteristics and progress compared with the existing technology before the filing date. Inventions emphasize outstanding substantive features and remarkable progress, while utility models only mention substantive features and progress. Obviously, invention is more creative than utility model.
2. The scope of invention and utility model is different.
An invention can be a product invention, a method invention or an improved invention because it is a new technical scheme proposed for a product, a method or its improvement. 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 the application for a patent for utility model is much narrower, which is limited to the technical scheme of utility model 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 produce utility models for products that have nothing to do with shape, structure or their combination. Therefore, the scope of utility model is much narrower than that of invention, and it is only limited to the innovative design related to the shape, structure or combination of products.
3. The examination and approval procedures for inventions and utility models are different.
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, finds that it conforms to the provisions of the patent law, and will not conduct substantive examination, then make an announcement, notify the applicant and issue a patent certificate for utility model. For invention patents, it is necessary to go through substantive examination, because the approval procedures of inventions and utility models are different, which leads to different approval times. According to practical experience, utility models can generally get authorization notice within 6- 10 months after filing an application, while inventions generally need 2-5 years to know the approval result, that is, they receive authorization notice or rejection notice. Therefore, no matter the inspection procedure and time, the invention is much more complicated than the utility model, and the time is much longer.