A utility model is a technical solution that can be a new use of an already known object or a fundamentally new product (device, substance, strain of microorganism, etc.). In order to obtain legal protection, a utility model must meet two main criteria:
- Novelty
The solution should not be known from publicly available sources of information (patents, scientific publications, catalogues, databases, etc.) before the date of filing the application.
- Industrial applicability
The proposed solution must be capable of being applied (manufactured or used) in industry, agriculture, medicine or other areas.
Unlike an invention, a utility model does not require an “inventive step” to be examined as part of the qualification examination. This makes the procedure for obtaining protection quicker and easier, but also increases the risk of disputes after registration (as an appeal is possible in court or through administrative procedures).
Validity of a utility model certificate
- 10 years from the date of filing the application is the general term of protection.
- To maintain the validity of the utility model, the owner pays an annual fee.
- Upon expiry of the 10-year term, the certificate ceases to be valid and the object can be freely used by third parties (unless additional applications are filed or transformed into other forms of protection, where applicable).
Important!
- The right of the first applicant. The first to apply is usually the one who receives protection. Therefore, it is important to contact specialists in time, collect the necessary materials and submit an application as soon as possible.
- International aspect. If you are planning to enter the markets of other countries, you should take care of parallel or sequential registration of the utility model (if there are appropriate legal instruments in a particular country). Because where a utility model is not registered, it can be freely used by others.
- Possible disputes. Due to the lack of a full qualification examination, third parties may challenge the certificate after it is issued. In case of litigation, it will be necessary to confirm the novelty and compliance of the claimed features with the conditions of protectability.
The main differences between a utility model and an invention
- Simplified registration procedure
- For a utility model, only a formal examination is carried out.
- Protection period
- Utility model: 10 years.
- Speed of obtaining protection
- A utility model can usually be registered fairly quickly – within a year.
- Field of application
- A utility model is usually chosen when it is necessary to quickly protect a technical solution or when the inventive step is not obvious, but the applicant wants to get ahead of the competition.
Benefits of obtaining a utility model certificate
- The owner’s right to dispose of the object
- Use the utility model without obtaining permission from others;
- To transfer rights to third parties (sell, donate, license) and receive income from this.
- Economic benefits
If the owner has a title of protection, he or she can claim monetary compensation for the use of the utility model or apply to the court for compensation in case of illegal use.
- Competitive advantage
A patented (registered) utility model makes your business more secure and attractive to investors and partners.
- Faster registration
Compared to an invention, the procedure for obtaining protection for a utility model is less complicated (formal examination without an in-depth examination of the inventive step).
It is important to remember
- The right of the first applicant. The first to apply is usually the one who receives protection. Therefore, it is important to contact specialists in time, collect the necessary materials and submit an application as soon as possible.
- International aspect. If you are planning to enter the markets of other countries, you should take care of parallel or sequential registration of the utility model (if the relevant legal instruments are available in a particular country). Because where a utility model is not registered, it can be freely used by others.
- Possible disputes. Due to the lack of a full qualification examination, third parties may challenge the certificate after it has been issued. In case of litigation, it will be necessary to confirm the novelty and compliance of the claimed features with the conditions of protectability.
How our agency helps with utility model registration:
- Consultations
Experts answer questions about the legal framework, terms, fees, possible risks and prospects for patenting.
- Patent research
We search for analogues, analyse novelty, and draw conclusions about the chances of successful registration.
- Preparing and submitting an application
- Collection and proper execution of the necessary documents;
- Filling out and submitting an application to a government agency (in electronic or paper form);
- Control over the payment of fees and compliance with procedural deadlines.
- Record keeping
- Interaction with experts of the state registrar;
- Timely response to notifications or examination requirements.
- Further support
- Payment of annual fees;
- Legal support in case of violations of your rights or disputes with competitors;
- Representing clients in courts and other instances.
Conclusion
A utility model is a relatively simple and quick way to obtain legal protection for a technical solution that is novel and has industrial application. This is the best option for those who want to quickly enter the market with a product or technology, providing themselves with a basic level of protection.
The Agency offers professional support at all stages from initial consultation to obtaining a certificate and further protection of rights. Contact us and we will help you to implement your innovative ideas as efficiently as possible!