A utility model work similar like patent, which grants an innovation some special rights. Utility model systems have less requirements (for example, a lower level of inventive step), less expensive to obtain, and offer a shorter time duration of protection. Utility models are not permitted in all nations. Germany, France, Spain, Italy, Japan, China, and Australia are among the nations that give utility models (or similar/equivalent rights under a different name). They’re also known as “short-term patents,” “utility innovations,” or “innovation patents.” Utility models are often seen to be most suited for protecting innovations that need minor modifications to or adaptations of existing products. The conditions and procedures for getting protection, as well as the term of protection, differ from nation to nation, and are designed primarily to meet the needs of local inventors.
Use of utility model
A utility model can be beneficial in a range of scenarios.
Utility models can be helpful for incremental inventions when just a modest modification has been made and which may not fulfil the inventive step criteria for a patent since the novelty and inventive step requirements are less stringent in utility model than those necessary for patents.
Utility versions might be helpful for products with a limited commercial life due to the shorter protection period.
Utility models are particularly beneficial to small and medium sized enterprises because of their lower expenses.
If the owner is aware of an infringement and needs a granted IP right promptly to enforce against an infringer, utility models are beneficial.
Difference between a utility model and a patent?
|The invention which is unique, innovative and has industrial application can be protected.||The invention which has novelty, but lacks inventive step can be protected.|
|Any new idea or significant improvement can be protected.||Any innovation with a minor improvement can be protected.|
|The patent is valid for twenty years.||From the date of filing, the term of protection is between 6 and 10 years.|
|The expense of obtaining and maintaining a patent is high.||The utility model is less expensive to obtain and maintain.|
|Validating patentability necessitates a thorough examination of the patent application.||It does not necessitate a substantive examination method since the inventive step is not required.|
|The process of obtaining a patent takes longer i.e. 3 to 5 years.||Utility model protection can be obtained in as little as 6 months to a year.|
|In almost every major country, patent protection is offered.||On the basis of technology, utility model protection is only offered in a few nations.|
|Patents are widely utilized.||This model is less actively used.|
|It is always feasible to convert a patent to a utility model.||Under specific circumstances, a utility model can be converted to a patent.|
Is it possible to have both a patent and a utility model for a single invention?
In general, obtaining a patent and a utility model for the same innovation is not possible. If the same applicant files a patent application and a utility model application for the same invention, in most countries, the earlier application gets priority, or the applicant can choose between a patent and a utility model. A patent application may also be converted into a utility model application or vice versa at any point throughout the pendency of the application, depending on national or regional regulations. In some jurisdictions, applicants can file a patent application and a utility application for the same idea, protecting the concept first with a utility model that may be approved promptly and then filing a patent application afterwards. The utility model may be abandoned after a patent is granted.