Utility model: the examination period is short, and only formal examination (preliminary examination) is needed. After the approval, it will enter the authorization stage without publicity. However, due to the lack of substantive examination, the patentability conditions may not be met, which leads to the instability of rights after authorization, and the protection time is 10 year.
Design: The examination process is the same as that of the utility model, and the protection time is 10 year.
Although the invention and utility model are both technical schemes that require protection, the subjects they protect are not exactly the same. The utility model can only protect the structural structure of the product, that is, the components of the product and the matching relationship between the components. An invention can not only protect the theme that a utility model can protect, but also protect the innovation or improvement of any other product, such as the production method, process steps, technical process, use and use of the product, which can only be protected by the invention patent.
Appearance design is not a technical protection scheme, but a protection of appearance, without any improvement in function or efficacy.
There are also differences in patent infringement litigation. When filing a lawsuit, utility models or designs generally need to provide a search report, which is actually a substantive review. If the search report concludes that there is something wrong with patentability, it is difficult to win the lawsuit. In addition, if the defendant puts forward an invalid patent for utility model or design in the course of litigation, the litigation process will be suspended, but the invention will not, and there is no need to retrieve the report, and generally the litigation will not be suspended.