1 and faster inventions usually take 1.5-3.5 years to be authorized, while utility models usually take 6- 10 months to be authorized, which has obvious advantages.
2. The application fee and annual fee are more favorable. The official cost of the invention application stage is 3450 yuan, while the utility model only needs 500 yuan; As far as the annual fee after authorization is concerned, the utility model is also lower than the invention.
3. Because the utility model does not need to go through the substantive examination procedure, it is easier to obtain authorization. Although the newly revised Guide to Patent Examination requires examining its novelty, it still fails to examine its creativity, so it is easier for the utility model to be authorized, provided that the project meets other requirements for the authorization of utility models. Where an invention and a utility model are applied for the same project at the same time, the utility model shall be authorized first, and the invention may be rejected due to lack of creativity; However, this does not mean that the authorized utility model can also be declared invalid. See the analysis below for details.
4. More stable, not easy to be declared invalid. The conventional view is that the patent right of utility model is unstable, because it is easily declared invalid without going through the substantive examination procedure and directly authorized through formal examination and simple novelty examination.
The instability of the utility model is actually only aimed at those projects that are not novel and creative. This kind of project should not be authorized from the beginning, which is similar to the "junk patent" that people often say, and it is easy to be declared invalid.
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