What is a utility patent?
A utility patent, the most typical form of patent, offers the
protection of the patent laws to devices and processes.
A Utility Model is
an Intellectual Property Right to protect inventions, mainly of incremental
nature. It is an exclusive right granted for an invention, for a limited
period of time, which allows the holder of the right to prevent others from
commercially using the invention, without his authorization. The concept is
originated in the U.S. Utility Model is similar to a Patent, though granted for
a shorter period of time and with less stringent patentability requirements. Utility
Models are often referred to as "Petty Patents" or
"Innovation Patents". Patent Law in India does not provide for
registration of Utility Model.
The rights conferred by Utility Model laws are also very similar to those granted by patent laws. The rights may also vary from one country to another, where such protection is available. The major differences between Utility Models and Patents are the following:
■ The requirements for acquiring a utility model are less stringent than for patents. While the requirement of "novelty" has always to be met, that of "inventive step"
or
"non-obviousness" may be much lower or absent altogether
■ The period of protection for utility models is shorter than for Patents and may vary from country to country (usually between 6 and 15 years).
■ In most countries where Utility Model protection is available, Patent offices do not examine applications as to substance prior to registration.
■ The registration process is often significantly simpler and faster, which takes approximately six months, on an average.
■ In some countries, Utility Model protection can only be obtained for certain fields of technology and only for products but not for processes.
■ Utility Models are much cheaper to obtain and also to maintain
Utility Models are considered particularly suited for small and medium enterprises (SMEs) and companies that make minor improvements to, and adaptations of, existing products. Utility Models are primarily used for mechanical innovations.
The majority of countries having Utility
Model laws require that the invention be new. The related
establishments or offices do not, however, conduct substantive examination and
grant the Utility Modelafter merely checking that the applications
comply with formalities. Some countries exclude particular subject matter from Utility
Model protection. For example, methods, plants and animals are
normally barred from utility model protection.
The novelty requirement for
obtaining a Utility Model in Spain is "relative",
i.e. only public written disclosure of the invention is prejudicial against the
novelty of the invention claimed in the utility model. This is in
contrast with Spanish Patents for which absolute novelty is required. Utility
Model in Germany is considered to be new if it does not form part of
the state of the art. The state of the art comprises any knowledge made
available to the public by means of a written description or by use within
Germany before the date relevant for the priority of the application.
Only a small but considerable number
of countries and regions provide the option of Utility Modelprotection. Utility
model is called by the "Gebrauchsmuster" in Austria and
Germany, “Innovation Patent” in Australia, “Utility Innovation” in Malaysia and
"Petty Patent" in Indonesia.
Utility Model Patent is not available in India where normal patent application has to be filed in such cases. However, priority can be claimed for such application filed in India from Utility Model Patent application filed in convention country.
Posted in: FAQ-PATENTS
