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- Definition: A utility model is an industrial property right that grants the owner the exclusive right to use a technical invention.
- Novelty: The invention must be new and must not have been known to the public before the filing date.
- Inventive step: The invention must be based on an inventive step and must not be obvious to persons skilled in the art.
- Application: The application is filed with the Patent and Trademark Office and requires a description and claims of the invention.
- Term of protection: The term of protection of a utility model is a maximum of 10 years, in contrast to patents, which provide protection for up to 20 years.
- Differences to patents: Utility models have a simpler and faster application procedure without examination for inventive step.
- International aspects: Utility models offer protection only in the country of application; international applications are necessary for global protection.
The utility model, often referred to as the “small patent”, is an important component of industrial property protection. In this comprehensive guide, we will look at the utility model, including its definition, requirements, filing, protective effect, and differences from the patent.
Definition and basic concept
A utility model is an industrial property right that grants the owner the exclusive right to use a technical invention. It is similar to a patent, but usually easier to obtain and has a shorter term of protection. The utility model protects technical inventions that are new, based on an inventive step and commercially applicable.
Requirements for a utility model
1. novelty
The invention must be new. This means that it must not belong to the prior art, i.e. it must not have been known to the public before the filing date.
2. inventive activity
The invention must be based on an inventive step. This means that it is not obvious to the skilled person from the prior art.
3. commercial applicability
The invention must be industrially applicable, i.e., it must be capable of being used in some type of industry, including agriculture.
Application for a utility model
The application for a utility model is usually filed with the competent patent and trademark office. The application must contain a description of the invention, drawings, if any, and claims defining the subject matter of the invention. Unlike a patent, the invention is not usually examined for inventive step.
Protective effect and duration
The utility model grants the owner the exclusive right to use the invention. Third parties may not use the invention commercially without the owner’s consent. The term of protection of a utility model is usually a maximum of 10 years.
Differences from the patent
- Simpler procedure: The application procedure for a utility model is usually simpler and faster than for a patent.
- Shorter term of protection: While patents generally offer protection for up to 20 years, the term of protection for utility models is usually a maximum of 10 years.
- No examination for inventive step: Utility models are generally not examined for inventive step, whereas patents are.
- Costs: The costs for filing and maintaining a utility model are usually lower than for a patent.
Strategic considerations
Utility models can be a valuable option for inventors who want to protect their inventions quickly and inexpensively. They are particularly useful for inventions that have a shorter life span or for which a full patent is not practical. However, it is important to consider the limitations of utility model protection and, if necessary, to consider a combination of different IP rights.
Legal aspects
It is important to understand the legal aspects of the utility model, including compliance with filing requirements, monitoring IP rights, and enforcing the utility model against third parties. In some cases, it may also be advisable to seek legal advice, especially when complex inventions are involved.
International aspects
While the utility model is recognized in many countries, there are differences in the legal framework. It is important to know that the utility model usually provides protection only in the country where it was filed. International applications may be required for international protection.
Conclusion
The utility model is an important instrument in industrial property protection, offering inventors faster and often less expensive protection than a patent. However, it is important to understand the specific requirements and limitations of utility model protection and to carefully consider whether this is the appropriate form of protection for the particular invention.
