Utility model


Utility model

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, Hungary, Italy, Japan, Malaysia, Mexico, Morocco, Philippines, Poland, Portugal, Russia, South Korea, Spain, Taiwan, Uzbekistan, etc. [ WIPO web site, [http://www.wipo.int/sme/en/ip_business/utility_models/where.htm Where can Utility Models be Acquired? ] ] 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". Fact|date=September 2008

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" [U. Suthersanen, Incremental Inventions in Europe: A Legal and Economic Appraisal of Second Tier Patents, in Journal of Business Law, 2001, 319 ff] . Terms such as "petty patent", "innovation patent", "minor patent", and "small patent" may also be considered to fall within the definition of "utility model". [Kelsey Martin Mott, The Concept of the Small Patent, in The International Business Executive, 5 February 2007, Volume 5, Issue 3 , pp 23 - 24] A "utility innovation" is available in Malaysia. [ [http://www.myipo.gov.my/index.php?option=com_content&task=view&id=12&Itemid=7 Intellectual Property Corporation of Malaysia (MyIPO) - Patent Manual and Specification ] ]

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. [Utility Model Law § 3 Abs. 1]

In Spain, the novelty requirement for obtaining a utility model ( _es. 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 [RJ 1996/7239 "Scott c. Sarrió y Sarrió Tisú" and RJ 2004/2740 "PEMSA c. Interflex"] .

Application

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. [ [http://www.billanderson.com.au/pats_frame.htm Bill's Patent Attorney Stuff ] ] Primary source claim|date=March 2008


Country Type of Protection Maximum Term PCT route available [cite web |url=http://www.wipo.int/pct/en/texts/pdf/typesprotection.pdf |title=Types of Protection under the PCT |accessdate=2008-02-12|format=PDF] Conversion from Patent Application
Albania [cite web |url=http://www.ladas.com/BULLETINS/1994/1194Bulletin/Albania_NewIPLaw.html |title=Ladas & Parry Newsletter, November 2004 |accessdate=2008-02-16] [cite web |url=http://www.wipo.int/pct/guide/en/gdvol2/annexes/al.pdf |title=PCT Applicants Guide - Albania |accessdate=2008-02-16|format=PDF] utility model 10 years Yes Yes
Angola [Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 104, January 2006.] utility model no set term No No
Argentina [Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 113, September 2007.] utility model 10 years No Yes
ARIPO [cite web |url=http://www.aripo.org/index.php?lng=en|title=ARIPO website |accessdate=2008-04-27] utility model 8 years Yes Yes
Armenia [cite web |url=http://www.wipo.int/export/sites/www/ipstats/en/resources/pdf/armenia.pdf |title=WIPO Information on Armenia |accessdate=2008-04-27] utility model 10 years Yes unknown
Aruba [Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 111, May 2007.] small patent 6 years Yes via Netherlands Yes
Australia [Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 110, March 2007.] innovation patent 8 years Not unless by division Yes
Austria [Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 110, March 2007.] utility model 10 years Yes Yes by division
Azerbaijan [cite web |url=http://www.cipr.org/legal_reference/countries/azerbaijan/Azerb_Patent_ENG.pdf |title=Coalition for Intellectual Property Rights - Information on Armenia |accessdate=2008-04-27] utility model unknown Yes Yes
Belarus [Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 108, November 2006.] utility model 8 years Yes unknown
Belgium [Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 114, November 2007.] short patent 6 years No No
Belize [cite web |url=http://belizecorporateip.com/faqs-pt.shtml |title=Belize Corporate & IP Services |accessdate=2008-02-14] utility model 7 years Yes Yes
Bolivia [Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 113, September 2007.] utility model 10 years No unknown
Botswana [cite web |url=http://www.ladas.com/BULLETINS/1997/1297Bulletin/Botswana_NewIPLaw.html |title=Ladas & Parry Newsletter, December 1997 |accessdate=2008-02-14] utility model 7 years Yes unknown
Brazil [Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 106, June 2006.] utility model 10 years Yes probably
Bulgaria [Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 104, January 2006.] utility model 10 years Yes probably
Chile [Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 111, May 2007.] utility model 10 years No unknown
China [Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 101, June 2005.] utility model patent 10 years Yes unknown
Colombia [Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 90, November 2001.] utility model 10 years Yes probably by division
Costa Rica [cite web |url=http://www.wipo.int/clea/docs_new/pdf/es/cr/cr002es.pdf |title=WIPO Collection of laws for electronic access |accessdate=2008-02-14|format=PDF] 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 [cite web |url=http://www.jpo.go.jp/shiryou_e/toushin_e/shingikai_e/pdf/en_utility/material3.pdf |title=Comparison of Utility Model Laws by Nation |accessdate=2008-032-10|format=PDF] 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 [cite web |url=http://www.indprop.gov.sk/pdf/en/pravo_92478.pdf |title=Slovak Law on Utility Models, No. 478 of 1992 |accessdate=2008-02-16|format=PDF] 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


References


Wikimedia Foundation. 2010.

Look at other dictionaries:

  • Public Utility Model — ( PUM ) EMS is an ambulance system in which the community retains public control of the ambulance system s capital assets and accounts receivable through direct, accountable daily oversight. It then subcontracts the day to day operations to an… …   Wikipedia

  • Utility (disambiguation) — Utility is a measure of the happiness or satisfaction gained from a good or service in economics and game theory.Utility may also refer to: * Public utility, an organization that maintains the infrastructure for a public service, or the services… …   Wikipedia

  • Utility — This article is about the economic concept. For other uses, see Utility (disambiguation). Part of a series on Utilitarianism …   Wikipedia

  • Utility (patent) — In United States patent law, utility is a patentability requirement. Today, the utility requirement is the lowest bar and is easily met. Largely utility is used to prevent the patenting of inoperative devices such as perpetual motion machines.… …   Wikipedia

  • Utility computing — is the packaging of computing resources, such as computation, storage and services, as a metered service similar to a traditional public utility (such as electricity, water, natural gas, or telephone network). This model has the advantage of a… …   Wikipedia

  • Model 45 — may refer to: Model 45A, an experimental rifle developed by the U.S. Army in 1945. Beech Model 45, better known as the T 34 Mentor, an American basic training aircraft. Fairchild Model 45, an American utility aircraft of the 1930s. Firestone… …   Wikipedia

  • Utility cycling — Cycling in Amsterdam Utility cyclists in …   Wikipedia

  • Utility knife — Boxcutter and box cutter redirect here. For the electronic music artist, see Boxcutter (musician). For season four premiere of Breaking Bad, see Box Cutter (Breaking Bad). A utility knife is a knife used for general or utility purposes.[1] The… …   Wikipedia

  • utility and value — ▪ economics Introduction       in economics, the determination of the prices of goods and services.       The modern industrial economy is characterized by a high degree of interdependence of its parts. The supplier of components or raw materials …   Universalium

  • Utility maximization problem — In microeconomics, the utility maximization problem is the problem consumers face: how should I spend my money in order to maximize my utility? Basic setupSuppose their consumption set, or the enumeration of all possible consumption bundles that… …   Wikipedia