The legal significance of the difference between utility model and invention can be summarized as follows:

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

Compared with the existing technology before the filing date, the requirements of the patent law have outstanding substantive characteristics and remarkable progress; The requirement of utility model is that it has substantial features and progress compared with the existing technology before the filing date. The invention emphasizes "outstanding substantive features" and "remarkable progress", while the utility model only mentions "substantive features and progress". Therefore, in the process of examination, the invention patent is more creative than the utility model patent, and the technology that can obtain the utility model patent is likely to be defined as "obvious to the technicians in the technical field" in the invention examination, and finally the invention patent cannot be obtained.

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

Inventions can protect product inventions, method inventions and improved inventions. Unless otherwise stipulated in the patent law, any invention can be patented according to law.

What the utility model can protect is usually limited to the technical scheme of the utility model proposed by the shape, composition or combination of the product. 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 much narrower than that of invention, and it is only limited to the innovative design related to the shape, structure or combination of products.

Third, the term of protection of utility model patents is shorter than that of invention patents.

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 an invention patent is 20 years.

Four, the examination and approval procedures for utility model patents are simpler than invention patents.

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 conforms to the provisions 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.

After the publication of the preliminary examination, the invention patent must be examined in substance, and the procedure and time of examination are much more complicated and longer than that of the utility model patent. Beijing Yi Tuo at your service.