Utility models

In some countries, a utility model system provides protection of so-called "minor inventions" through a system similar to the patent system. Recognizing that minor improvements of existing products, which does not fulfill the patentability requirements, may have an important role in a local innovation system, utility models protect such inventions through granting an exclusive right, which allows the right holder to prevent others from commercially using the protected invention, without his authorization, for a limited period of time.

In general, compared with patents, utility model systems require compliance with less stringent requirements (for example, lower level of inventive step), have simpler procedures and offer shorter term of protection. Designed primarily to respond to the needs of local innovators, requirements and procedures for obtaining protection and the duration of protection vary from one country to another.

1. What is a utility model?
   

   Similar to patents, utility models protect new technical inventions through a limited exclusive right to prevent others from commercially exploiting the protected inventions without consents of the right holders. In order to obtain protection, an application must be filed, and a utility model must be granted. They are sometimes referred to as “short-term patents”, "utility innovations" or "innovation patents". It is not easy to define a utility model, as it varies from one country to another. In general, utility models are considered particularly suited for protecting inventions that make small improvements to, and adaptations of, existing products or that has a short commercial life. Utility model systems are often used by local inventors.

2. What kind of protection does a utility model offer?
   

   An owner of a utility model obtains the exclusive right to prevent or stop others from commercially exploiting the utility model for a limited period, often 6 to 10 years from the filing date. In other words, in general, utility model protection means that the invention cannot be commercially made, used, distributed, imported or sold by others without the utility model owner’s consent. The above right is territorial, i.e. the right can be enforced only within the country in which a utility model is granted.

3. What are the main differences between utility models and patents?
   

   The main differences between the utility models and patents are as follows:

   • The requirements for acquiring utility models are less stringent than for patents. While the requirement of “novelty” is always to be met albeit some countries only on a local level, that of “inventive step” or “non-obviousness” may be lower or absent altogether. In practice, protection for utility models is often sought for innovations of a rather incremental character which may not meet the patentability criteria.
   • The term of protection for utility model is shorter than for patents, and varies from country to country (usually between 6 to 15 years).
   • In most countries, patent offices do not examine utility model applications as to substance prior to registration. This means that the registration process is often simpler and faster, sometimes taking six months or less.
   • Fees for obtaining and maintaining utility models are cheaper.
   • In some countries, utility model protection can only be obtained for certain fields of technology, such as mechanical devices and apparatus, and only for products but not for processes.