Invention refers to a new technical scheme proposed for a product, method or its improvement.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products.
In other words, the utility model must be in kind, and the invention can be a method, a process, etc.
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Three natures:
Article 22 of the Patent Law Inventions and utility models for which patent rights are granted shall be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date.
Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.
The above are the legal provisions on the basic conditions of patents.
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The difference between application and review
The patent for utility model is not published or examined in substance, but only preliminarily examined. As long as it is not exactly the same as the existing patent, it will basically be passed quickly, and the application process usually takes about 6-8 months.
Invention patents will be published and substantially examined. In the publication stage, if someone raises an objection, or finds that it is similar to the existing patent or technology in the substantive examination and has no obvious creative characteristics, it will be required to modify or even be rejected. The application process usually takes three years.
Specific application review procedures refer to Articles 34 to 40 of the Patent Law.