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, Italy, Japan, Malaysia, Mexico, Morocco, Philippines, Poland, Portugal, Russia, South Korea, Spain, Taiwan, Uzbekistan, etc. 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"

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

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.

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 .

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 1998.

Country	Type of Protection	Maximum Term	PCT route available	Conversion from Patent Application
Albania	utility model	10 years	Yes	Yes
Angola	utility model	no set term	No	probably
Argentina	utility model	10 years	No	Yes
ARIPO	utility model	8 years	No	Yes
Armenia	utility model	10 years	Yes	unknown
Australia	innovation patent	8 years	No	Yes
Austria	utility model	10 years	Yes	Yes by division
Belarus	utility model	8 years	Yes	unknown
Belgium	short patent	6 years	No	No
Bolivia	utility model	10 years	No	unknown
Brazil	utility model	10 years	Yes	probably
Bulgaria	utility model	10 years	Yes	probably
Chile	utility model	10 years	No	unknown
China	utility model patent	10 years	Yes	unknown
Colombia	utility model patent	10 years	No	probably by division
Cuba	industrial model patent	5 years	No	probably not
Czech Republic	utility model	10 years	Yes	Yes by division
Denmark	utility model	10 years	Yes	Yes by division
Ecuador	utility model	10 years	No	Yes by division
Estonia	utility model	8 years	Yes	Yes
Finland	petty patent	10 years	Yes	Yes
France	utility certificate	6 years	No
Georgia	utility model	8 years	Yes	Yes
Germany	utility model	10 years	Yes	Yes
Greece	utility model	7 years	No	Yes
Guatemala	utility model	10 years	No	Yes
Hungary	utility model	10 years	Yes	Yes
Indonesia	Petty Patent/Simple Patent	10 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	unknown	Yes	probably
Korea (south)	utility patent	15 years	Yes	Yes
Kyrgyzstan	utility model	unknown	Yes	unknown
Lesotho	utility model	7 years	Yes	Yes
Malaysia	utility innovation	15 years	No	No
Moldova	utility model	unknown	Yes	probably
Mexico	utility model patent	5 years	Yes	unknown
Mexico	utility model	10 years	Yes	unknown
OAPI	utility model	8 years	Yes	probably not
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
Slovakia	utility model	10 years	Yes	Yes
Slovenia	short term patent	10 years	Yes	probably
Somalia	utility model	4 years	No	unknown
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
Turkey	utility model	10 years	Yes	Yes
Uganda	utility certificate	7 years	No	Yes
Ukraine	utility model	8 years	Yes	Yes
Uruguay	utility model patent	10 years	No	Yes
United Arab Emirates	utility model	10 years	No	unknown
Uzbekistan	utility model	8 years	Yes	probably
Venezuela	utility model	10 years	No	Yes
Vietnam	utility model	6 years	Yes	Yes