Utility model

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A utility model is an intellectual property right to protect inventions. This right is available in a number of national legislations, such as Argentina, Austria, Brazil, Chile, China, Finland, France, Germany, Italy, Japan, Malaysia, Mexico, Morocco, Philippines, Poland, Portugal, Russia, South Korea, Spain, Taiwan, Uzbekistan, etc. ^[1] It is very similar to the patent, but usually has a shorter term (often 6 or 10 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. The utility model in Indonesia and Finland is called a "Petty Patent"

Contents 1 Definition 2 Requirements for grant 3 Application 4 References

[edit] 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"^[2]. Terms such as "petty patent", "innovation patent", "minor patent", and "small patent" may also be considered to fall within the definition of "utility model".^[3] A "utility innovation" is available in Malaysia. ^[4]

[edit] 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. ^[5]

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 recent decisions of the Spanish Supreme Court ^[6].

[edit] Application

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Utility model applications may be prepared and filed at local patent offices in countries where utility model protection is available. Alternatively, an international patent application may be filed in a country belonging to the Patent Cooperation Treaty. Most countries belonging to the treaty and having utility model laws permit utility model applications to proceed as national phase applications of the international patent application.

The table below is a list of countries having utility model protection under various names as at March 2008.^{[7][this primary source citation needs verification]}

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	unknown
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	10 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	utility model	10 years	Yes	Yes by division
Denmark	utility model	10 years	Yes	Yes by division
Ecuador	utility model	10 years	Yes	Yes by division
Estonia	utility model	8 years	Yes	Yes
Ethiopia	utility model	unknown	unknown	unknown
Finland	petty patent	10 years	Yes	Yes
France[30]	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	5 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	12 years	Yes	probably
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	No	No
Mexico	utility model patent	5 years	Yes	Yes. Art. 49 of the Mexican Law for Industrial Property
Mexico	utility model	10 years	Yes	unknown
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	utility model	15 years	Yes	Yes
Poland	utility model	10 years	Yes	Yes
Portugal	utility model	no set term	Yes	unknown
Russia	utility model	8 years	Yes	Yes
Sierra Leone	utility model	unknown	Yes	probably
Slovakia[31]	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	utility model	10-12 years	No	Yes
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

[edit] References