Utility_model

Intellectual property law
Primary rights
Copyright Patents Trademarks Industrial design rights Utility models Geographical indication Trade secrets Related rights Trade names Domain names
Sui generis rights
Database rights Mask work Plant breeders\' rights Supplementary protection certificate Indigenous intellectual property
edit box

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. WIPO web site, Where can Utility Models be Acquired? 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"U. Suthersanen, Incremental Inventions in Europe: A Legal and Economic Appraisal of Second Tier Patents, in Journal of Business Law, 2001, 319 ff. Terms such as "petty patent", "innovation patent", "minor patent", and "small patent" may also be considered to fall within the definition of "utility model".Kelsey Martin Mott, The Concept of the Small Patent, in The International Business Executive, 5 February 2007, Volume 5, Issue 3 , pp 23 - 24 A "utility innovation" is available in Malaysia. Intellectual Property Corporation of Malaysia (MyIPO) - Patent Manual and Specification

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. Utility Model Law § 3 Abs. 1

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 RJ 1996/7239 "Scott c. Sarrió y Sarrió Tisú" and RJ 2004/2740 "PEMSA c. Interflex".

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 March 2008.Bill\'s Patent Attorney Stuff^{[this primary source citation needs verification]}

References

This article is licensed under the GNU Free Documentation License. It uses material from Wikipedia