The specific difference between a utility model and an invention

1. The term of protection is different: 10 years for utility models and 20 years for inventions, both of which are calculated from the filing date.

2. The object of protection is different: the object of protection of the invention completely includes the object of protection of the utility model, and the utility model protects the new technical solution suitable for practical use proposed by the shape, structure or combination of the product. Invention protection proposes new technical solutions to products, processes or improvements thereto.

To put it bluntly, they can be distinguished in this way: creative things that people make, some are things, such as cars, airplanes, they are products-things, and some are active, such as a method of cultivation of such and such a plant, a method of synthesis of such and such a compound, they are not an entity, but a process. The method can only choose to apply for the invention, and the products that meet the conditions for utility model protection can choose to apply for the invention or the utility model.

Because there are also products that do not belong to the subject matter of utility model protection, like a certain drug, they do not have a fixed shape, and they can only choose to apply for an invention.

3. The examination system is different: the utility model can be authorized after passing the preliminary examination, and the invention must be substantively examined after the preliminary examination. The substantive examination examines the novelty, inventiveness, and practicability of the applied technical solution.

The novelty is compared with the prior art before the application to see whether the technical solution of the application already exists. When the same technical solution cannot be found, look at the inventiveness to see whether the difference with the closest prior art has been enlightened in other technical solutions in the prior art, such as the thing you apply for, there is a bolt fixing structure in it, and the closest thing found in the prior art is not exactly the same as yours, it is screwed fixed, and in other schemes of the prior art, the bolt can replace the screw to play a fixed role is known, then your application should not be authorized. In the vernacular, you can copy an existing technical solution to apply for a utility model, which can be authorized through preliminary examination, but it will not be authorized if you apply for an invention, that is, it is equivalent to a utility model with a registered nature, and it will be authorized if it meets the form, and the invention will be more pursued, and you will have a higher degree of innovation.

However, even if a granted patent does not meet the requirements of novelty, inventive step, applicability, or other conditions for grant, it is possible to apply for invalidation. Because the prior art is extensive and people can search for a limited number of things, the substantive examination will not objectively include all the prior art, resulting in them not finding a reason to say that it is not innovative and authorizing, but it is not excluded that some people can find the comparative technology that they have not searched.

1. Distinction between the subject matter of protection; 2. The difference in the stability of rights, 3. The difference in the review system; 4. Differences in litigation procedures; 5 Differences in terms.

Utility models differ from inventions in that:

First, the criteria for inventiveness are different:

The standard of inventive step of a utility model is lower than that of an inventive step of an invention. The utility model is limited to a product with a certain shape, and cannot be a method, nor can it be a product without a fixed shape;

Second, the field of prior art is different: for an invention, it is necessary to consider not only the technical field to which the invention belongs, but also its similar, similar or related technical field, as well as other technical fields in which the technical problem to be solved by the invention can prompt a person skilled in the art to find technical means.

In the case of utility models, emphasis is generally placed on the technical field to which the utility model belongs, as well as its similar, similar or related technical fields.

Utility model patent: refers to a new technical solution suitable for practical use proposed for the shape, structure or combination of a product. Where the product structure, shape, or combination of structure and shape, apply for a utility model patent. The term of protection is 10 years.

Invention patent: (patent for invention) is a type of invention that can be protected by patents according to the Chinese Patent Law, including inventions, utility models and designs, which are of significance to protect inventors and improve enthusiasm.

The differences between utility models and inventions are as follows:

Refers to different meanings: invention refers to a new technical solution proposed for a product, process or improvement thereof. utility model:

Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product. Different concepts: invention is a new technical solution, which refers to the specific idea of using the laws of nature to solve a specific technical problem in human production and life.

Utility model: cannot be abstract concept or theoretical expression. Representative products are different:

Invention is a scheme that uses the laws and forces of nature to produce certain effects. A utility model is limited to a product with a certain shape and cannot be a method. The technical characteristics are different:

The invention is the interrelationship between the various technical features, and it is also a technical feature. Utility model: The inventive step requirements for utility models are not too high, but the practicality is strong.

Protection: Inventions: Product inventions include all inventions made from objects created by human beings. An invention protected by patent law can also be an improvement on an existing product or process.

Utility model: a product that does not have a fixed shape, such as a pharmaceutical form rental product, a chemical substance, cement, etc.

An invention refers to a new technical solution proposed for a product, process or improvement thereof.

Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination of the shape and structure of the product.

The term of protection of the utility model is short, and it is limited to the technical solution of the shape and structure of the product (such as a detachable bicycle).

The long term of protection of an invention can not only protect the content of the utility model, but also protect some process inventions, such as a network communication method!

Their protection efficacy is similar (if both have novelty or inventive step), but the degree of examination is different (the invention intellectual property office will examine the novelty and inventive step and then grant it, which is not easy to be invalidated after granting, and the utility model is not subject to high examination for novelty and inventiveness, and it is easy to be invalidated after grant).

Invention patents and utility model patents are both inventions and creations referred to in the Patent Law, and there are differences between them in the following aspects:

The subject matter of protection is different.

Paragraph 2 of Article 2 of the Patent Law stipulates that an invention refers to a new technical solution proposed for a product, process or improvement thereof. From the definition, it can be seen that in the sense of patent law, invention patents can be divided into product inventions and process inventions, and product inventions can be articles, materials, parts, compositions, compounds, etc., and also include systems composed of different articles and components. Method inventions are mostly manufacturing methods for products.

The utility model patent refers to the new technical solution suitable for practical use proposed for the shape, structure or combination of the product, which shows that the utility model patent only protects the product and does not protect the method.

The procedures for rent review are different.

For invention patent applications, Article 34 of the Patent Law stipulates that after passing the preliminary examination, the patent office may publish the application at an early date at the request of the applicant, i.e., disclosure before grant. As for utility model patent applications, Article 40 of the Patent Law stipulates that utility model patents shall be registered and announced at the same time as the Patent Office makes the decision to grant the patent and issues the patent certificate, that is, it shall be disclosed at the time of grant.

Secondly, the examination process for invention and utility model is different, for an application for invention patent, it needs to go through three procedures: preliminary examination, publication and substantive examination, while for a patent application for a utility model, if no reason for rejection is found after preliminary examination without going through the substantive examination procedure, the patent office will make a decision on authorization.

The years of protection are different.

Article 42 of the Patent Law stipulates that the term of a patent right for invention shall be 20 years, and the term of a patent right for utility model shall be 10 years, both of which shall be calculated from the date of filing.

In terms of the scope of the application.

Invention patent: the proposed technical solution (product, method, process) for the method or improvement of the product

2.Utility model: limited to the shape of the product or the combination of the proposed new technical solution (product).

The inventive step of a utility model is lower than that of an invention:

Invention: Compared with the prior art before the filing date, it has outstanding substantive features and significant progress (the invention emphasizes the outstanding substantive, special and significant progress), and the practical base key field model only mentions substantial special and progress.

Term of protection: 20 years for inventions and 10 years for utility models.

Approval process: The approval process for utility models is simpler than for inventions (inventions are subject to substantive examination, while utility models are not).

According to the relevant provisions of the law on patents, the invention mainly focuses on the new technical solution proposed for the product, process or improvement thereof.

Utility model is mainly a new technical solution suitable for practical use proposed for the shape, structure or combination of products.

1. The application procedure for rights is different.

2. The duration of legal protection is different.

3. The duration of the priority is different.

Friends, there are generally no utility models in foreign countries, and utility models are patents with Chinese characteristics; In fact, many utility models are actually patents, and there is almost no difference between the two.