Utility Model

What is utility model

Like patent, utility model protects right of technological inventions. It is an exclusive right which prevent others from commercially exploiting the protected inventions without consents of the right holders. It is available in some countries. While in some countries it is only available for inventions in certain fields of technology or for products. Though it has no universally accepted definition but countries around the world has defined it according to their categories of inventions.

Inventions protected by utility model

Eligible subject matter for utility models varies from one country to another. Utility model protects shape or structure of products in certain fields of technology, such as mechanical devices and apparatus, but not for technical, chemical and biological processes. Utility model right is territorial in nature and can be enforced only within the country in which it has been granted.

Difference between utility model and patent

The main difference between patent and utility model is that requirements for acquiring a utility model are less stringent from that of patents. In some countries, the requirements for protecting utility models are basically the same as for patents. As compare to patent it is generally cheaper to obtain and maintain. Its term of protection is shorter than patent (generally 6 to 15 years). Its requirements are less stringent than those of a patent.

Conditions for getting utility model protection

The requirements of getting utility model protection are that:

• The invention must be within the eligible subject matter of utility model
• It must be novel and not copied
• An invention must be according to industrial requirements
• The invention must be disclosed in a sufficient and complete manner.

Utility Model Certificate

The Utility Model Certificate is a protection valid for 7 years. It is issued to the proprietor for any "new" and industrially applicable three-dimensional object with a predetermined shape and form, which provides a solution to a technical problem.

This page is general information about the law and is not legal advice.