Invention patents

1. Higher application difficulty

For the creativity of invention patent, China requires that the invention has outstanding substantive features and significant progress compared with the technology existing before the filing date; while for utility model, it only requires that there are substantive features and progress compared with the technology existing before the filing date. The invention emphasizes the “outstanding substantive features” and “significant progress”, which shows that the creativity requirement of the invention patent is higher than that of the utility model patent, and its application is more difficult.

2. Higher technical value

As the application of invention patent requires higher creativity of technical solutions, and not only needs to conduct formal examination, but also needs to conduct substantive examination, so the technical value of the invention that finally obtains the corresponding patent right is higher. For example, the number of invention patents is stipulated in the SEC's “Guidelines for Evaluation of Science and Technology Creation Attributes” as an important indicator for applying for listing on the Science and Technology Creation Board (STB). In addition, if an enterprise has a certain number of invention patents it is also conducive to being recognized as a high-tech enterprise and applying for government funding subsidy programs.

3. Relatively stable rights

Even if a patent application is granted, the patent right may still be invalidated later. Compared with utility models and designs, inventions tend to be more stable due to the substantive examination in the authorization process. The higher stability makes the invention patent produce greater commercial value in cooperation.

4. Longer protection period

Different types of inventions have different protection periods. In China, the protection period of invention patent right is 20 years, calculated from the date of application, and its protection period is longer compared with the other two types of patents. In the latest revision of the Patent Law, a term compensation system has been added for invention patents. After the protection period, the patent enters the public domain.

5. Larger scope of objects

An invention can be a product invention or a method invention, while the object of a utility model is limited to the shape of the product, its composition, or the combination thereof, which is a practical new technical solution. A method of manufacturing cannot be patented as a utility model, and in addition, a product unrelated to shape, composition, or combination thereof cannot result in a utility model patent. It can be seen that the scope of the object of the invention is wider than the utility model, not only limited to the shape of the product, structure or combination of new designs, but also new production methods.

6. Longer examination time

Patent application for invention is deemed to meet the requirements after preliminary examination, and will be published within eighteen months from the date of application, or may be published early according to the request of the applicant, and will enter the stage of substantive examination within three years from the date of application. It can be seen that the patent application needs to go through a long examination process. In practice, an invention application usually takes more than 2~3 years to be authorized. With the improvement of China's patent priority examination system, patent pre-examination system and patent examination highway (PPH) system, the problem of longer patent examination time is expected to be solved.

7. Higher cost

Compared with utility models and designs, inventions require a higher amount of money both in terms of filing fees, registration fees, annual fees after granting, re-examination request fees and invalidation request fees. In addition, due to the higher difficulty of invention application, the patent application agency often charges relatively higher agency fees for invention patents.