Utility model
Whether you have invented a new type of scissors, new textile processing method or a new innovative way to mine the gems, you should start thinking about protecting your invention. Simply said, if you have just completed that lightsaber you have been working on for 15 years in your garage, go and find intellectual property (IP) legal advisor to help you with registering this IP of yours as utility model (or patent). Otherwise your invention can end up unprotected or not being used at all or it can end up being stolen by someone else and you don’t want that. And WE don’t want that. We, as a future users and buyers of your lightsaber, want to use that.
Registering inventions as utility models helps inventors to protect their rights to their innovations faster way in comparisson to obtaining patent. This system is essential when it comes to rewarding the innovators for their time and effort they have put into inventing and is vastly used in protection of minor or less significant innovations or as supplementary or temporary way of protection of invention while patent application is still pending.
We will discuss the utility models from international legal point of view. Most of these principles are applicable worldwide whether you want to protect your invention in Mexico, Serbia or Turkey.
What is utility model?
Utility model is a grant of exclusive rights to your invention within the certain territory. In other words, utility model allows you to exclude others from using your invention without your prior consent. The main negative of registering your invention as utility model is that you will need to disclose your invention to public in order to have your invention registered. Thus trade secret can sometimes be more solid legal instrument to protect your invention in case you don’t want to publish your invention.
Utility model examples
Utility model for nearly every invention can potentialy be registered if it meets the legal requirements. Here are some examples:
- Software
- Remote control device
- Vehicle device
- Method for determining tolerance
- E-commerce system
- Cleaning system
- Leaves cuting machine
- Door opening system
Utility model registration
utility model is always granted by relevant authority in pertinent state in which you seek utility model protection for your invention. The utility model protection of your invention does not automaticaly arises once you create your invention similarly to copyright protection system.
As the territorial principle applies here, the protection is only granted within the country in which you have registered your utility model. That means you are not protected by your Russian federation utility model in the Germany or vise versa.
Therefore if you want to enjoy utility model protection for your invention, you must first apply for utility model with relevant government authority.
FAQ
Yes, utility model is always granted by relevant authority in pertinent state in which you seek utility model protection for your invention. The utility model protection of your invention does not automaticaly arises once you create your invention similarly to copyright protection system.
As the territorial principle applies here, the protection is only granted within the country in which you have registered your utility model. That means you are not protected by your Russian federation utility model in the Germany or vise versa.
Alternatively you can also apply for a patent, however for most optimal way to protect your invention it is highly recommended to seek an advice from qualified IP law specialist.
Basicaly the same requirements applies as with patents – novelty, inventive step and invention must be capable of industrial/business usage. Many countries also have exclusions from subject of utility model, meaning that certain inventions can not be registered as utility model such as mathematical methords, plant or animal varieties, methods of medical treatment etc.
As there is no international legal framework governing utility models, various countries have different standards for registration of utility models. Some of them do not require inventive step and some of them examine novelty only at a local level. There are various combinations and differences and therefore it is always good to consult national law of pertinent country in which you seek the protection first.
Utility model system exists on national level. There is no international level of protection for these except african ARIPO and OAPI way of registration.
If you are willing to protect your invention on the national level through utility model, many countries of the world have established national utility model systems which are mainly administered by the national industrial property offices. For comprehensive list of countries which have established utility model legislature check out this site.
Once your utility model is registered you have exclusive right to authorize everyone else for its usage, selling, distribution and a few other related rights. In other words, no one can legaly use your invention protected by utility model without your prior consent.
Protection period may wary from country to country as there is no international legal framework regulating this. It mostly ranges from 6 to 15 years. The rule is that it lasts for less time than patent protection period.
Patent protection is usually longer than utility model protection.
There are various ways of monetizing your utility model. Two main options are that you either use your invention protected by utility model to get competitive edge in your market area and second is that you sell your utility model to someone who can use it as his competitive edge. Another very popular option is to licence your utility model to someone else and gain passive income regularly.
Main differences are that utility model registration is faster, cheaper with less registration requirements and protection period is shorter.