Utility model
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A utility model is an intellectual property right to protect inventions. This right is available in a number of national legislations, as described below. [1] It is very similar to the patent, but usually has a shorter term (often 6 to 15 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. In Indonesia the utility model is called a "Petty Patent". [citation needed]
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"[2]. Terms such as "petty patent", "innovation patent", "minor patent", and "small patent" may also be considered to fall within the definition of "utility model".[3] A "utility innovation" is available in Malaysia. [4]
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. [5]
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 [6].
Application
Utility model applications may be prepared and filed at local patent offices in countries where utility model protection is available.
The table below is a list of countries having utility model protection under various names as at March 2008.[7] #REDIRECT Template:Better source
Country Type of Protection Maximum Term PCT route available[8] Conversion from Patent Application Albania[9] [10] utility model 10 years Yes Yes Angola[11] utility model no set term No No Argentina[12] utility model 10 years No Yes ARIPO[13] utility model 8 years Yes Yes Armenia[14] utility model 10 years Yes Yes Aruba[15] small patent 6 years Yes via Netherlands Yes Australia[16] innovation patent 8 years Not unless by division Yes Austria[17] utility model 10 years Yes Yes by division Azerbaijan[18] utility model unknown Yes Yes Belarus[19] utility model 8 years Yes unknown Belgium[20] short patent 6 years No No Belize[21] utility model 7 years Yes Yes Bolivia[22] utility model 10 years No unknown Botswana[23] utility model 7 years Yes unknown Brazil[24] utility model 15 years Yes probably Bulgaria[25] utility model 10 years Yes probably Chile[26] utility model 10 years No unknown China[27] utility model patent 10 years Yes unknown Colombia[28] utility model 10 years Yes probably by division Costa Rica[29] 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 utility model[30] 10 years Yes Yes France[31] 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 10 years (From date of registration) Yes Yes 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 Yes 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[32] utility model 7 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[33] 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 (*) The Dutch short term patent is no longer granted since June 5th 2008[34].