The definition of “Utility model” is much the same as a patent, many ways it is very same as a patent protection. Utility model is often referred to as "Petty Patents," “Short-term Patents,” “Fast IP rights,” or "Innovation patents." A utility model is an exclusive right granted for an invention to an inventor or applicant, which allows the right holder to prevent others from commercially exploiting the protected invention without his/ her authorization, for a limited period of time. Let’s note that Utility model protection is not available in all countries of the globe that provide protection to a patent. In its basic definition, which may vary from one country to another (where a “Utility model” protection is available).
Differences between a Utility model and a Patent
| # | Utility model | Patent |
|---|---|---|
| 1 | Less stringent requirements for protection | Stringent requirements for protection |
| 2 | Inventive step / Non-obviousness is not strongly examined | Strongly examined |
| 3 | Improvements that may not meet a patentability criteria | Patentability criteria is judged |
| 4 | 5 and 10 years protection (varies from country to country) from the filing date | 20 years from Priority date/ Filing date |
| 5 | Smaller time for final disposal (~ 6 months) | Longer (~ 3 years) |
| 6 | Cheaper to obtain and to maintain | Costlier |
| 7 | Only for products, not for processes | Both Product and process |
| 8 | Certain technologies (Country specific), primarily mechanical | All technologies |
| 9 | Generally suitable for small and medium entities that make minor improvements to existing products | Suitable to anyone, any company |
List of Countries and Unions, where Utility models can be protected
- Albania
- Angola
- Argentina
- ARIPO
- Armenia
- Aruba
- Australia
- Austria
- Azerbaijan
- Belarus
- Belize
- Brazil
- Bolivia
- Bulgaria
- Chile
- China (+ Hong Kong, Macau)
- Colombia
- Costa Rica
- Czech Republic
- Denmark
- Ecuador
- Egypt
- Estonia
- Ethiopia
- EL Salvador
- Finland
- France
- Georgia
- Germany
- Greece
- Guatemala
- Honduras
- Hungary
- Indonesia
- Ireland
- Italy
- Japan
- Kazakhstan
- Kuwait
- Kyrgyzstan
- Laos
- Malaysia
- Mexico
- OAPI
- Peru
- Philippines
- Poland
- Portugal
- Republic of Korea
- Republic of Moldova
- Russian Federation
- Slovakia
- Spain
- Taiwan
- Tajikistan
- Trinidad & Tobago
- Turkey
- Ukraine
- Uruguay
- Uzbekistan