First, the scope of protection is different. The utility model protects the shape and structure of the product, while the invention protects the product and method.
Second, the protection period of utility model patents is 10 year, and the protection period of invention patents is 20 years;
Third, other differences.
legal ground
Article 26 of the Patent Law, which came into effect on 202 1 June1day.
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.
Article 27
To apply for a patent for design, a request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted.
Article 42
The term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, both counting from the date of application.
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted. After receiving an application for a patent for invention, the patent administration department shall publish it after 18 months from the date of application if it considers that it conforms to the provisions of the patent law after preliminary examination. The patent administration department may publish its application at an early date upon the request of the applicant.
Within three years from the date of application for a patent for invention, the patent administration department may, upon the request of the applicant at any time, make a substantive examination of its application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. If the application for a patent for invention is not found to be rejected after substantive examination, the patent administration department 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. The invention patent right shall take effect as of the date of announcement.
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