In some countries, inventors are granted exclusive rights to their inventions for a shorter duration through a type of patent called a utility model. Unlike regular patents, utility models typically do not require extensive search and are limited to machines rather than chemicals. They are also referred to as petty patents, second-tier patents, small inventions, or Gebrauchsmuster in German.
A utility model is a patent registration system that grants patent-like rights in certain countries. It is typically issued for a shorter duration than a regular patent and does not require extensive searching. Utility-model patents are not available in the U.S. or Great Britain, but are offered in Japan and several European countries, including Germany and France. They are limited to machines and cannot be obtained for chemicals. In Germany, companies can apply for a utility model to protect a newly invented machine, granting them exclusive rights to manufacture and sell it for a specific period. In Japan, individuals can apply for a utility model to safeguard a newly created tool, giving them the authority to prevent others from making, using, or selling it for a certain time frame. These examples demonstrate how a utility model can offer patent-like protection for inventions, but with less stringent requirements compared to a regular patent. This can be advantageous for inventors who have developed something novel and useful but lack the resources to undergo a complete patent application process.
A utility model is a form of intellectual property protection that grants exclusive rights to an inventor for a new and useful invention. It is similar to a patent but has a shorter duration and less stringent requirements.
The duration of a utility model varies depending on the country, but it is generally shorter than a patent. In most cases, utility models last for around 6 to 10 years from the date of filing.
To obtain a utility model, the invention must meet certain criteria, such as novelty, usefulness, and industrial applicability. The level of inventiveness required is usually lower compared to patents.
In some countries, it is possible to convert a utility model into a patent if the invention meets the higher standards of patentability. However, this option may not be available in all jurisdictions.
Yes, as the owner of a utility model, you have the right to license or sell your invention to others. This allows you to generate income from your intellectual property.
Utility model rights are territorial, meaning they are only enforceable in the country where the utility model is registered. To protect your rights internationally, you may need to file separate applications in each desired country.
The eligibility of software and business methods for utility model protection varies by jurisdiction. Some countries allow utility models for these types of inventions, while others may require them to be patented.
Yes, utility models can be filed for improvements to existing inventions. However, the improvement must meet the requirements of novelty and usefulness to be granted protection.
Yes, the validity of a utility model can be challenged through legal proceedings. Common grounds for challenging validity include lack of novelty, lack of inventive step, or insufficient disclosure.
In some jurisdictions, it is possible to apply for both a utility model and a patent for the same invention. However, this may require separate applications and may have different requirements and durations for each form of protection.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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