The difference between invention patent and new utility model patent

Legal analysis: the difference between utility model patent and invention patent is: 1, and the protection is different; 2. Different progress; 3. Different approval procedures; 4. The review cycle is different. If the application for a patent for invention is rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 7 No unit or individual may suppress an inventor or designer's application for a patent for non-service invention-creation.

Article 8. Unless otherwise agreed, the right to apply for a patent belongs to an invention-creation completed in cooperation with two or more units or individuals, or an invention-creation entrusted by other units or individuals. After the application is approved, the applicant unit or individual shall be the patentee.

Article 9 Only one patent right can be granted for the same invention-creation. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted.

Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.