A utility model – is an innovative technical solution for a previously used or fundamentally new product.
Utility models can be:
An innovative solution of the use of objects previously known to mankind
Products, which may include a substance or unit of an apparatus, a device or bred cell culture, microbial strains, etc.
For an innovative solution to be protected by legislation, it must be new and industrially applicable (industrially possible).
Important! To get the rights to a utility model is possible in many countries around the world. The protection process is much simpler that an invention. The time period is 10 years from the date of filing the application for registration.
Fundamental differences from the invention
An invention – is another intellectual property object that requires a patent and legal protection. However, there are fundamental differences from the utility model referring to:
- Concerning simple procedure for registering and obtaining a declaration patent. The criteria for patentability are determined by the applicant himself, and in respect of the invention – by the Qualification Expert Committee.
- Inventive level – new methods of applying the object or additional components to improve the operation of the equipment (devices, technology). It is important for an expert to understand in a certain area the way of working, but to admit that such an option has not been described anywhere before, and never has been used.
- Criterion «novelty» – a formal examination should not reach this conclusion unless it is an invention
- The period of validity of the patent – in the case of an invention – is 25 years, utility model – 10.
- Registering a utility model is much easier than obtaining a patent for an invention. However, this process also requires a professional approach and the use of experienced specialists.
To get a patent for a utility model means:
- Discover the opportunity to use the object at own discretion and without having obtain authorizations
- Transfer the right, including on a paid basis, to use the object to third parties
- Get economic benefits from issuing the relevant permits
- To prosecute people who use a utility model without legal grounds
- Prohibit the use of the model at its discretion
It is important to be the first to apply for a utility model registration in order to be ahead of the competition, to keep it secret and to be able to dispose of the result of your intellectual work at your own discretion.
The protection of intellectual property rights is a complex process that can be started after an inventor, scholar or author contacts experienced lawyers. Knowledge of the legal framework and experience gained allow lawyers from the Elbi Patent Agency:
- Provide comprehensive answers to customer questions regarding intellectual property rights
- Represent the client’s interests in the relevant authorities, including the court
- Carry out patent studies and involve experienced experts in the process
- Collect documents, fill in applications correctly and submit them in time for registration
- Receive and maintain records
- Keep track of deadlines, notify of time limits
- Pay state duties on behalf of customers, etc.