Legal analysis: 1, different requirements. Invention patents need to put forward new technical solutions for products, methods or their improvements, while utility model patents need to put forward new practical technical solutions for the shape, structure or combination of products. The level of creativity of utility model is lower than that of invention. 2. The approval procedures are different. According to the Patent Law, the examination and approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. When examining and approving an application for a patent for utility model, there are only three stages: acceptance, preliminary examination and authorization. 3. The review cycle is different. General utility model patents can get patent certificates in about 6 months, and invention patents can get patent certificates in about 1 year and a half. 4. The protection period is different. 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.
Legal basis: Article 2 of the Patent Law of People's Republic of China (PRC) Invention-creation as mentioned in this Law refers to inventions, utility models and designs. 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. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.