A utility model protects your idea

Since patentability requirements are tight, many ideas and solutions containing technical innovativeness remain without patent protection. In order to plug the gap between a patent and a design model, a utility model, also known as ‘minor patent', has been developed. A utility model gives the applicant an exclusive right to the professional exploitation of the invention for a certain period after the application's registration.

A utility model therefore provides protection for technical ideas and solutions which do no reach the patentability threshold. Moreover, it offers an alternative in the case of inventions where the features or the short lifecycle would make patenting too slow and expensive. Since the novelty and inventiveness of the invention are not evaluated, a utility model is granted faster than a patent.

A utility model and a patent can be applied for together. If proof of registration is required quickly against infringements, a utility model is needed, and can be applied for alongside a patent. Furthermore, a patent application can be converted into one for a utility model if it emerges that the invention is not sufficiently inventive to be patented.

Application and duration of a utility model

Utility model applications are drawn up in a similar way to those for patents. The difference is that a summary is not attached to a utility model application. You can apply, with a covering letter of application, to the National Board of Patents and Registration.

All utility model applications fulfilling the related legal requirements are registered. Such registration remains in force for four years from the date of application. Registrations can be renewed twice, making the maximum protection period ten years from the application date. Utility models cover only those countries in which they are applied for and granted.

Further details from the website of the National Board of Patents and Registration.