How to define invention patents and utility models, what are the definitions and differences
Invention patent: Invention patent refers to Patents applied for new technical solutions proposed for products, methods or their improvements.
Utility model patent: Utility model refers to Patents applied for for new technical solutions proposed in the shape and structure of a product or their combination that are suitable for practical use.
Invention The difference between patents and utility model patents
(1) Utility models are less creative than inventions
China’s patent law requires that when applying for an invention patent, it has outstanding substantive features and significant progress compared with the existing technology before the filing date; while the requirement for a utility model is that it has outstanding substantive features and significant progress compared with the existing technology before the filing date. Compared with existing technologies, it has substantial features and progress. Emphasis on the "outstanding substantive features" of the inventiont; and "significant progress", while for utility models only "substantial features and progress" are mentioned. Obviously, the degree of creativity of an invention is higher than that of a utility model.
(2) The scope of utility models is smaller than that of inventions
Since invention is a new technical solution proposed for a product, method or improvement thereof, an invention can be a product invention, a method invention, or an improvement invention. Only product inventions can be shaped product inventions or unshaped product inventions. Moreover, unless there are special provisions in the patent law, any invention can obtain patent rights in accordance with the law. However, the scope of applying for utility model patent rights is much narrower. It is limited to practical new technical solutions proposed by the shape, composition or combination of the product. In this way, various manufacturing methods cannot apply for utility model patents. At the same time, it is impossible to create a utility model for products that have nothing to do with shape, structure or combination thereof. Therefore, the scope of utility models is much narrower than that of inventions and is limited to innovative designs related to the shape, structure or combination of products.
(3) The protection period of utility model patents is short Yu invention
my country's patent law expressly stipulates that for practical The protection period of a new type patent is 10 years, calculated from the date of application. The protection period for invention patents is 20 years. In contrast, the protection period of a utility model patent is much shorter than that of an invention patent. This is because under normal circumstances, the creation process of a utility model is simpler and easier than that of an invention, and the time to realize its benefits is also much shorter. Therefore, the legal provisions on its protection period are correspondingly shorter.
(4) The approval process for utility model patents is simpler than that for invention patents
According to the provisions of China's Patent Law, after the Patent Office receives an application for a utility model patent, if it is determined through preliminary examination that it meets the requirements of the Patent Law, it will no longer conduct substantive examination, and can make an announcement and notify the application. A utility model patent certificate is issued to a person. Invention patents must undergo substantive examination, and the examination procedures and time are much more complicated and longer than those for utility models.
Patent right is an exclusive right. This right is exclusive and exclusive. Invention patents and Utility model patents all have this attribute. The above is the knowledge about the difference between invention patents and utility model patents compiled by the editor of Legal Savior.com. If you have any questions, please go to Legal Savior.com for legal consultation.
