A utility model is an intellectual property right to protect inventions. This right is available in a number of national statutes, as described below.[1] It is very similar to the patent, but usually has a shorter term (often 6 to 15 years) and less stringent patentability requirements.
The German and Austrian utility model is called the "Gebrauchsmuster", which influenced some other countries such as in Japan. In Indonesia the utility model is called a "Petty Patent".[2]
Definition
A utility model is a statutory monopoly granted for a limited time in exchange for an inventor providing sufficient teaching of his or her invention to permit a person of ordinary skill in the relevant art to perform the invention. The rights conferred by utility model laws are very similar to those granted by patent laws, but are more suited to what may be considered as "incremental inventions".[3] Terms such as "petty patent", "innovation patent", "minor patent", and "small patent" may also be considered to fall within the definition of "utility model".[4] A "utility innovation" is available in Malaysia.[5]
Requirements for grant
Most countries having utility model laws require that the invention be new. However, many patent or utility model offices do not conduct substantive examination and merely grant the utility model after checking that utility model 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.
In Germany a utility model 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. Description or use within the six months preceding the date relevant for the priority of the application shall not be taken into consideration if it is based on the conception of the applicant or his predecessor in title.[6]
In Spain, the novelty requirement for obtaining a utility model (Spanish: modelo de utilidad) is "relative", i.e. only public written disclosure of the invention in Spain is prejudicial against the novelty of the invention claimed in the utility model. This is in sharp contrast with Spanish patents for which absolute novelty is required. What constitutes a "disclosure of the invention in Spain" has been the subject of two decisions of the Spanish Supreme Court, in 1996 and 2004.[7]
Availability and names
Utility model applications may be prepared and filed at local patent offices in countries where utility model protection is available.
The table below is a list of countries having utility model protection under various names as at March 2008.
| Country | Type of Protection | Maximum Term | PCT route available[8] | Conversion from Patent Application |
| Albania[9][10] | utility model | 10 years | Yes | Yes |
| Angola[11] | utility model | no set term | No | No |
| Argentina[12] | utility model | 10 years | No | Yes |
| ARIPO[13] | utility model | 8 years | Yes | Yes |
| Armenia[14] | utility model | 10 years | Yes | Yes |
| Aruba[15] | small patent | 6 years | Yes via Netherlands | Yes |
| Australia[16] | innovation patent | 8 years | Not unless by division | Yes |
| Austria[17] | utility model | 10 years | Yes | Yes by division |
| Azerbaijan[18] | utility model | unknown | Yes | Yes |
| Belarus[19] | utility model | 8 years | Yes | unknown |
| Belgium[20] | short patent | 6 years | No | No |
| Belize[21] | utility model | 7 years | Yes | Yes |
| Bolivia[22] | utility model | 10 years | No | unknown |
| Botswana[23] | utility model | 7 years | Yes | unknown |
| Brazil[24] | utility model | 15 years | Yes | probably |
| Bulgaria[25] | utility model | 10 years | Yes | probably |
| Chile[26] | utility model | 10 years | No | unknown |
| China[27] | utility model patent | 10 years | Yes | unknown |
| Colombia[28] | utility model | 10 years | Yes | probably by division |
| Costa Rica[29] | utility model | 12 years | Yes | Yes |
| Czech Republic[30] | utility model | 10 years | Yes | Yes by division |
| Denmark[31] | utility model | 10 years | Yes | Yes by division |
| Ecuador[32] | utility model | 10 years | Yes | Yes by division |
| Estonia | utility model | 8 years | Yes | Yes |
| Ethiopia[33] | utility model | 10 years | No | Yes |
| Finland[34] | utility model | 10 years | Yes | Yes |
| France[35] | utility model | 6 years | No | Yes |
| Georgia | utility model | 8 years | Yes | Yes |
| Germany | utility model | 10 years | Yes | Yes |
| Ghana | utility model | 7 years | Yes | Yes |
| Greece | utility model | 7 years | No | Yes |
| Guatemala | utility model | 10 years | No | Yes |
| Honduras | utility model | 15 years | Yes | unknown |
| Hungary | utility model | 10 years | Yes | Yes |
| Indonesia | Petty Patent/Simple Patent | 10 years | Yes | Yes |
| Ireland | short term patent | 10 years | No | Yes |
| Italy | utility model | 10 years | No | Yes |
| Japan | utility model | 10 – 15 years | Yes | Yes |
| Kazakhstan | utility model | 8 years | Yes | Yes |
| Kenya | utility model | 10 years (From date of registration) | Yes | Yes |
| Korea (south) | utility patent | 15 years | Yes | Yes |
| Kuwait | utility model | 7 years | No | unknown |
| Kyrgyzstan | utility model | unknown | Yes | unknown |
| Laos | petty patent | 7 years | No | unknown |
| Lesotho | utility model | 7 years | Yes | Yes |
| Macau | utility model | unknown | No | unknown |
| Malaysia | utility innovation | 15 years | Yes | No |
| Mexico | utility model | 10 years | Yes | Yes.[36] |
| Moldova | utility model | unknown | Yes | probably |
| Mozambique | utility model | unknown | Yes | probably |
| Netherlands | short term patent (*) | 6 years | No | unknown |
| Nicaragua | utility model | unknown | Yes | probably |
| OAPI | utility model | 8 years | Yes | probably not |
| Panama | utility model | 10 years | No | unknown |
| Peru | utility model patent | 5 years | No | Yes |
| Philippines[37] | utility model | 7 years | Yes | Yes |
| Poland | utility model | 10 years | Yes | Yes |
| Portugal | utility model | no set term | Yes | unknown |
| Russia | utility model | 13 years | Yes | Yes |
| Sierra Leone | utility model | unknown | Yes | probably |
| Slovakia[38] | utility model | 10 years | Yes | Yes |
| Slovenia | short term patent | 10 years | Yes | probably |
| South Africa | functional design | 10 years | No | No |
| Spain | utility model | 10 years | Yes | Yes |
| Taiwan[39] | utility model[39] | 10 years[39] | No[39] | Yes[39] |
| Tajikistan | utility model | 9 years | Yes | probably |
| Tangier Zone | utility model | 10 years | No | unknown |
| Tonga | utility model | 7 years | No | No |
| Trinidad and Tobago | utility certificate | 10 years | Yes | unknown |
| Turkey | utility model | 10 years | Yes | Yes |
| Uganda | utility certificate | 7 years | No | Yes |
| Ukraine | utility model | 8 years | Yes | Yes |
| United Arab Emirates | utility model | 10 years | Yes | unknown |
| Uruguay | utility model patent | 10 years | No | Yes |
| Uzbekistan | utility model | 8 years | Yes | probably |
| Venezuela | utility model | 10 years | No | Yes |
| Vietnam | utility model | 6 years | Yes | Yes |
(*) The Dutch short-term patent is no longer granted since June 5, 2008.[40]
References
- ^ WIPO web site, Where can Utility Models be Acquired?
- ^ "WIPO Lex — Indonesia: Intellectual Property Laws and Treaties". Retrieved 2011-08-20.
- ^ U. Suthersanen, Incremental Inventions in Europe: A Legal and Economic Appraisal of Second Tier Patents, in Journal of Business Law, 2001, 319 ff
- ^ Kelsey Martin Mott, The Concept of the Small Patent, in The International Business Executive, 5 February 2007, Volume 5, Issue 3 , pp 23 - 24
- ^ Intellectual Property Corporation of Malaysia (MyIPO) - Patent Manual and Specification
- ^ Utility Model Law § 3 Abs. 1
- ^ RJ 1996/7239 "Scott c. Sarrió y Sarrió Tisú" and RJ 2004/2740 "PEMSA c. Interflex"
- ^ "Types of Protection under the PCT" (PDF). Retrieved 2008-02-12.
- ^ "Ladas & Parry Newsletter, November 2004". Retrieved 2008-02-16.
- ^ "PCT Applicants Guide - Albania" (PDF). Retrieved 2008-02-16.
- ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 104, January 2006.
- ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 113, September 2007.
- ^ "ARIPO website". Retrieved 2008-04-27.
- ^ "WIPO Lex — Armenia: Intellectual Property Laws and Treaties". Retrieved 2011-08-20.
- ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 111, May 2007.
- ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 110, March 2007.
- ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 110, March 2007.
- ^ "Coalition for Intellectual Property Rights - Information on Armenia" (PDF). Retrieved 2008-04-27. [dead link]
- ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 108, November 2006.
- ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 114, November 2007.
- ^ "Belize Corporate & IP Services". Retrieved 2008-02-14.
- ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 113, September 2007.
- ^ "Ladas & Parry Newsletter, December 1997". Retrieved 2008-02-14.
- ^ "Lei nº 9.279, de 14 de maio de 1996.".
- ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 104, January 2006.
- ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 111, May 2007.
- ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 101, June 2005.
- ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 90, November 2001.
- ^ "WIPO Lex — Costa Rica: Intellectual Property Laws and Treaties". Retrieved 2011-08-20.
- ^ "WIPO Lex — Czech Republic: Intellectual Property Laws and Treaties". Retrieved 2011-08-20.
- ^ "WIPO Lex — Denmark: Intellectual Property Laws and Treaties". Retrieved 2011-08-20.
- ^ "WIPO Lex — Ecuador: Intellectual Property Laws and Treaties". Retrieved 2011-08-20.
- ^ "WIPO Collection of laws for electronic access" (PDF). Retrieved 2011-08-20.
- ^ "Patentti- ja rekisterihallitus".
- ^ "Perbandingan -- Utility Model Laws by Nation" (PDF). Retrieved 2008-032-10.
- ^ "Art. 49 of the Mexican Law for Industrial Property" (PDF). Retrieved 2011-08-20.
- ^ "Intellectual Property Code of the Philippines" (PDF). Congress of the Philippines. Retrieved 2008-10-29.
- ^ "Slovak Law on Utility Models, No. 478 of 1992" (PDF). Retrieved 2008-02-16. [dead link]
- ^ a b c d e "FAQ - Chinese Taipei (TW)". European Patent Office. February 7, 2012. Retrieved April 6, 2013.
- ^ Website NL Octrooicentrum "Vanaf vandaag geen zesjarig nationaal octrooi meer ..."
