Utility model and invention are both objects protected by China's patent law, and both are inventions and creations. In this sense, their essence is the same. But in fact, there are many differences between these two patents, which can be summarized as the following four points:

First, the utility model patent is less creative than the invention patent.

The patent law of our country requires that compared with the existing technology before the filing date, it has outstanding substantive characteristics and remarkable progress; The requirement for utility model is that it has substantial characteristics and progress compared with the existing technology before the application date. The invention emphasizes "outstanding substantive features" and "remarkable progress", while the utility model only mentions "substantive features and progress".

Obviously, the degree of creativity of invention patents is higher than that of utility model patents.

Two, the scope of the patent for utility model is less than the invention patent.

An invention can be a product invention, a method invention or an improved invention. Unless otherwise specified in the patent law, any invention can be patented according to law.

The utility model is limited to the shape, composition or combination of products, and it is a practical new technical scheme. In this way, all kinds of manufacturing methods can not apply for utility model patents. At the same time, it is impossible to produce utility models for products that have nothing to do with shape, structure or their combination.

Therefore, the scope of utility model is narrower than that of invention, and it is only limited to the innovative design related to the shape, structure or combination of products.

Three, the protection period of utility model patent is shorter than that of invention patent.

According to the patent law of our country, the protection period of utility model patent is 10 year, counting from the date of filing. The protection period of invention patent is 20 years. In contrast, the protection period of utility model patents is much shorter than that of invention patents.

Four, the examination and approval process of utility model patent is simpler than invention patent.

According to the provisions of China's patent law, after receiving an application for a patent for utility model, the Patent Office, after preliminary examination, finds that it meets the requirements of the patent law, and will not conduct substantive examination, then make an announcement, notify the applicant and issue a patent certificate for utility model.

For invention patents, it is necessary to go through substantive examination, both the procedures and time of examination are much more complicated and longer than that of utility model patents.