Utility model

This MedLibrary.org supplementary page on Utility model is provided directly from the open source Wikipedia as a service to our readers. Please see the note below on authorship of this content, as well as the Wikipedia usage guidelines. To search for other content from our encyclopedia supplement, please use the form below:

Related Sponsors

BM Pharmacy Generic pharmaceuticals at unbeatable prices. Insomnia, men's health, hair health, pain control. bmpharmacy.com
Online Pharmacy Carisoprodol, tadalafil, sildenafil, vardenafil and more... xlpharmacy.com
MedBasket.com Discreet. Inexpensive. Fast shipping. Great selection. What more can we say? medbasket.com
Frugalmed 2000 reasons to shop with us first. frugalmed.com
Ads by Tiva

Intellectual property law
Primary rights
Sui generis rights
Other topics
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. [1] 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"

Contents

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

 This article or section needs sources or references that appear in reliable, third-party publications.
Primary sources and sources affiliated with the subject of the article are generally not sufficient for a Wikipedia article. Please include more appropriate citations from reliable sources, or discuss the issue on the talk page. (March 2008)

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.[7]this  primary source  citation needs verification

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 unknown
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 10 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 petty patent 10 years Yes Yes
France[30] 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 12 years Yes probably
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 No 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 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
Sierra Leone utility model unknown Yes probably
Slovakia[31] 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

References

  1. ^ WIPO web site, Where can Utility Models be Acquired?
  2. ^ U. Suthersanen, Incremental Inventions in Europe: A Legal and Economic Appraisal of Second Tier Patents, in Journal of Business Law, 2001, 319 ff
  3. ^ Kelsey Martin Mott, The Concept of the Small Patent, in The International Business Executive, 5 February 2007, Volume 5, Issue 3 , pp 23 - 24
  4. ^ Intellectual Property Corporation of Malaysia (MyIPO) - Patent Manual and Specification
  5. ^ Utility Model Law § 3 Abs. 1
  6. ^ RJ 1996/7239 "Scott c. Sarrió y Sarrió Tisú" and RJ 2004/2740 "PEMSA c. Interflex"
  7. ^ Bill's Patent Attorney Stuff
  8. ^ "Types of Protection under the PCT". Retrieved on 2008-02-12.
  9. ^ "Ladas & Parry Newsletter, November 2004". Retrieved on 2008-02-16.
  10. ^ "PCT Applicants Guide - Albania". Retrieved on 2008-02-16.
  11. ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 104, January 2006.
  12. ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 113, September 2007.
  13. ^ "ARIPO website". Retrieved on 2008-04-27.
  14. ^ "WIPO Information on Armenia". Retrieved on 2008-04-27.
  15. ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 111, May 2007.
  16. ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 110, March 2007.
  17. ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 110, March 2007.
  18. ^ "Coalition for Intellectual Property Rights - Information on Armenia". Retrieved on 2008-04-27.
  19. ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 108, November 2006.
  20. ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 114, November 2007.
  21. ^ "Belize Corporate & IP Services". Retrieved on 2008-02-14.
  22. ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 113, September 2007.
  23. ^ "Ladas & Parry Newsletter, December 1997". Retrieved on 2008-02-14.
  24. ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 106, June 2006.
  25. ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 104, January 2006.
  26. ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 111, May 2007.
  27. ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 101, June 2005.
  28. ^ Manual for the Handling of applications for patents, designs and trade marks throughout the world, Kluwer Law International, Update No. 90, November 2001.
  29. ^ "WIPO Collection of laws for electronic access". Retrieved on 2008-02-14.
  30. ^ "Comparison of Utility Model Laws by Nation". Retrieved on 2008-032-10.
  31. ^ "Slovak Law on Utility Models, No. 478 of 1992". Retrieved on 2008-02-16.

Wikipedia content modification information:

  • This page was last modified on 15 June 2008, at 22:50.

Wikipedia Authorship and Review

Wikipedia content provided here is not reviewed directly by MedLibrary.org. Wikipedia content is authored by an open community of volunteers and is not produced by or in any way affiliated with MedLibrary.org.

Wikipedia Usage Guidelines

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

The URL for this specific entry is:

All Wikipedia text is available under the terms of the GNU Free Documentation License. (See Copyrights for details). Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc.