1. Utility model patent is only related to the shape and structure of the product, in the scope of protection is narrower than the invention patent, we must pay attention to the method of invention and creation can not apply for a utility model, some people do not understand, the result of the method to apply for a utility model patent, in vain spent time and application fees.
2. In the process of inventive step examination of patents, invention patents need to have "outstanding substantive characteristics and significant progress", while utility model patents only need to have "substantive characteristics and progress".
3. The inventive step level of utility models requires a lower level than inventions, so some people call utility model patents "small inventions" or "small patents".
4. The Patent Law stipulates a simplified examination procedure for patent applications for utility models than for invention patents, and only preliminary examination is carried out for utility models, while substantive examination is required for invention patents in addition to preliminary examination.
5. The examination cycle is not the same, utility model patents can generally get a patent certificate in about 6 months, and invention patents generally get a patent certificate for about one and a half years, because the technical field of invention patents is wider, the examination cycle of different technical fields is different, and some technical fields may take 2-3 years, or even longer.
6. The term of protection of utility model patents is 10 years, and the term of protection of invention patents is 20 years, both from the filing date.
7. The number required for the declaration of high-tech enterprises is not the same, and the utility model patent needs 6 pieces, and it can only be used once; Only 1 patent for the invention is required and can be used at least once!