The difference between the utility model and patent protection might be a subject of interest to all those who are interested in intellectual property and patent protection rights and plan to gain commercial benefits from their inventions and protecting them.
Before getting into details of the difference between the utility model and patent protection we need to know what is the patent itself.
What is the meaning of a patent?
A patent is an exclusive right that is given to an invention, product, or process that provides a new technical solution to a problem. the main purpose of a patent is to provide exclusive rights to its holder and prevent others from making, using, or selling the invention like process, machine, scientific creations, article of manufacture, compositions of matters, or any new useful improvement thereof in that country during the life of the patent.
There are 3 types of patents – Utility, Plant, and design. Utility patents may be given to anyone who discovers any new useful process and it is the most common type of patent application received by Patent Offices across the world.
Before you sell a product or profit from your idea Patents are not legally required. After that you will need it to prevent others from marketing, selling, or importing your invention.
What are the utility models?
“Short-term patents’ ‘, “utility innovations’ ‘ or “innovation patents” are all Synonyms of the same expression which is the utility model as it varies from one country to another. Its often used by local inventors.
Utility models are considered particularly suited for protecting inventions that make little modifications and adaptations to existing development that have a short commercial life. In order to obtain protection, you need to fill out the application first and the utility model must be granted.
The utility model provided protection in some countries which are called minor inventions through a system that is relatively so similar to that of the patent system with the main aim of recognizing the minor improvement of an existing invention which does not meet patentability conditions.
In such a case, the utility model will provide the invention with exclusive protection rights that will prevent illegal commercial made, used, distributed, imported, or sold by others without the permission of the right holder for a limited period of time often 6 to 10 years from the filing date. This right can be enforced only within the country that granted a utility model.
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What is the utility model in research?
The utility model is the exclusive use of an invention that is only given to this registered right holder that is granted for a limited period. The utility model has so many examples like the ball pen this is an exclusive invention that already exists but it gets dried and the ink quality decreases once it’s exposed to the air so another company comes to another idea which is the cover and this is the utility model, a development to an already existing invention or a part of the invention. That’s why the utility model is part of the research.
What is the difference between the utility model and industrial design?
The utility model discusses the technical aspect of products whereas industrial design is corresponding to its appearance. In case a product developed is released to the market in an original industrial design, this improves its marketing success.
Further discussion about the Difference between the utility model and patent protection :
In general, when identifying the difference between the utility model and patent protection that utility model systems require compliance with less strict requirements and inventive steps and offer shorter terms of protection that vary from one country to another.
What are the terms for getting utility model protection ?
In general, the requirements for acquiring a utility model are less rigid than for patents. In some countries, the conditions for protecting utility models are mainly the same as for patents.
- They must be within the eligible subject matter.
- They must be novel.
- They must involve an inventive non-obvious step.
- They must have industrial utility.
- They must be described in an application in a sufficient and complete manner.
The requirement of “novelty” might be applied only at a local level in some countries, some others don’t admit a utility model for the process they require the product or a three-dimensional regime however some other countries allow utility for processes or software.
Difference between the utility model and patent protection in detail :
The main difference between the utility model and patent protection are the following:
- The requirements for obtaining utility models are less strict than for patents. While the requirement of “originality” is always to be met, although in some countries only on a local level, that of “inventive step” may be lower or absent altogether.
- The term of protection for utility models is shorter than for patents and varies from one country to another often between 6 and 15 years.
- In most countries, patent offices do not review utility model applications prior to registration. Which made it simpler and faster, sometimes taking six months or less.
- utility models Fees are cheaper for obtaining and maintaining.
- In some countries, the utility models only are obtained for certain fields of technology, such as mechanical devices, and only for products but not for technical, chemical, and biological processes.
What is the international framework for utility models ?
There is no international treaty that obligates member countries to implement a utility model system under the national laws. Nevertheless, some countries have implemented utility model systems to protect minor and incremental innovations and to complement the patent system in a flexible manner.
Where Are utility models available ?
Currently, a number of countries and regional patent offices provide utility model protection. These include Albania, Antigua, Barbuda, Argentina, Armenia, Australia, Austria, Belarus, Belize, United Arab Emirates, Botswana, ARIPO, Brazil, Bulgaria, Chile, China, Swaziland, Uzbekistan, Costa Rica, Croatia, Czech Republic, Denmark, Dominica, Dominican Republic, Serbia, Viet Nam, Slovakia, Egypt, El Salvador, Russian Federation, Estonia, Ethiopia, Mozambique, Finland, France, Georgia, Germany, Tanzania, Ghana, Greece, Guatemala, Honduras, Hungary, Indonesia, Ireland, Italy, Japan, Kazakhstan, Kenya, Kyrgyzstan, Lao People’s Democratic Republic, Malaysia, Mexico, Mongolia, Oman, Namibia, Nicaragua, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Slovenia, Spain, Thailand, Tonga, Trinidad and Tobago, Turkey, Uganda, Ukraine, Uruguay, OAPI, and Andean Community.
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We hope that this article answers all of your inquiries about the difference between the utility model and patent protection and the terms of getting utility model protection
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