Utility Model .... a IPR

Abstract

The Utility Model is an intellectual property rights. Utility Model protection is granted in considerable number of countries. Utility Models are short term registered rights granted for inventions for shorter period of time  that often lack same degree of inventive step that patent law require in different country. Utility Models are often referred as small patents, petty patents, innovation patents, short term patents etc. Utility Models are providing low cast and economical entry point to small and medium enterprises (SMEs) into intellectual property system of a country.

Introduction

“A Utility Model is an exclusive right granted for an invention, which allows the right holder to prevent others from commercially using the protected invention, without his authorization, for a limited period of time.”

 In other word it is similar to patent it require short duration of time to register , cheaper in cost of registration but term of protection is less than a patent(7 to 10 years) and it is a type of “second- tier protection” that is , a utility models considered weak because they are granted without substantial examination.

Silent features of a Utility Model:-

1.      They are incremental inventions.

2.      It requires short duration of time to register.

3.      They are cheaper in cost (registration cost).

4.      They are particularly suited for Small and medium enterprises (SMEs).

5.      They are commonly use for mechanical innovation.

6.      Minor improvement to and adaptations of existing product could qualify a utility model.

7.      Utility Models are granted for products not for processes in many countries.

8.      It does not require substantial examination.

Literature Review

 Utility Model is relatively a new form of intellectual property rights. Currently small but significant number of countries and region provide utility model protection. Major industrial nation like Germany, South Korea, Japan, EU members such as Austria, Denmark, Finland, Greece, Hungry, Italy, Poland, Spain etc; and emerging economies such as Brazil and China provide some form of Utility Model protection. India does not have such type of system. In total about 75 countries providing Utility Model protection in all over world.

Criteria for Utility Model Protection:-   

Novelty-The invention of Utility Model should be considered novel. That is its knowledge does not available to public either written description as in patent or publications i.e. in prior art but oral discloser does not destroy novelty in case of utility model in some countries (Germany).  

Inventive Step-The Utility Model inventive step is satisfied by anything beyond handiwork and prior art. It has less rigorous requirement for inventive character.

Non-registrable invention- According to German Utility Model there is inventions which are not eligible for Utility Model protection some are:-

1.      Process for manufacture or use.

2.      Programs of computers.

3.      Plant animal varieties.

4.      Discoveries, scientific theories and mathematical model.  etc

Procedure for obtaining Utility Model protection

Application- Files an application in prescribed format or form.

Examination-The absolute conditions that is allowable subject matter is examined. It does not require inventive step, minor improvement or adaptations of existing product could qualify examination. Prior art is check for Utility Model.

Registration-It takes about 2 to 6 month for registration of utility model.  Term of protection of utility model is about 7 to 10 years. In Germany initially it is granted for 3 years this may be renewed for another 3 years followed by 2 years each up to maximum term of 10 years.

Difference between Utility Model and Patents

1.      The requirements for acquiring a utility model are less stringent than for patents. While the requirement of "novelty" is always to be met, that of "inventive step" or "non-obviousness" may be much lower or absent altogether. 

2. The term of protection for utility models is shorter than for patents and varies from country to country (usually between 7 and 10 years without the possibility of extension or renewal).
3. In most countries where utility model protection is available, patent offices do not examine applications as to substance prior to registration. This means that the registration process is often significantly simpler and faster, taking, on average, six months.
4. Utility models are much cheaper to obtain and to maintain.
5. Patent protection is available in almost all major countries but Utility model protection is available only in some countries based on the technology.
6. Conversion of patent in to utility model is always possible but Conversion of utility model in to a patent is possible under certain circumstances.
7. All new invention or substantial improvement invention can be protected in patents but in Utility Model all marginal improvement invention can be protected.

Objective and Scope of the project

The objective of this project is to discuss relatively new form of intellectual property rights Utility Model. Its criteria and procedure. Differentiate it with patents. Its features and demerit.

Scope of this topic is not confined to Utility Model protection in some countries .Developing countries are adding such protection into their law system.

Result and Discussion

In country like India we need to promote and encourage the inventors to participate in economical development of the country. A less technical system than patent is required to enable SMEs to take advantage of Intellectual property.

India needs an effective legal protection system to bridge the gap between patentable and non patentable to boost development. It will also attract foreign investor to invest in India and to protect their minor incremental invention in India.

Conclusions

Utility models are an important, second tier means of protecting inventions at lower cost for short duration of time. They are complementally and even competitive to patents .Utility models are considered particularly suited for SMEs that make "minor" improvements to, and adaptations of, existing products. Utility models are primarily used for mechanical innovations.

The "Innovation patent," recently launched in Australia, was introduced as a result of extensive research into the needs of small and medium-sized enterprises, with the aim of providing a low-cost entry point into the intellect.

 It is a weak in nature but due to proper adaptations by law system of different countries, for social and economical development of their people and country, it seems effective.

Bibliography

        I.            http://www.wipo.int/sme/en/ip_business/utility_models/utility_models.htm

      II.            http://www.wipo.int/sme/en/ip_business/utility_models/where.htm

    III.            http://indiapatents.blogspot.in/2009/06/difference-between-patent-and-utility.html

    IV.            Dr. Hans Peter Brack, “Utility models and their comparison with patents and implications for US Intellectual property law system”, Boston college intellectual property & Technology forum.

      V.            Divya Pandey and Rishu Shrivastava “Issue for consideration of utility model” S.S. RANA & Co.  Advocates .

    VI.            Rohit Kumar Vohra, ”Intellectual Property Rights”, Aayam Herbal Pvt. Ltd. Jaipur

Reference

        I.            Dr. Hans Peter Brack, “Utility models and their comparison with patents and implications for US Intellectual property law system”, Boston college intellectual property & Technology forum, page no. 2-5, 9.

      II.            Divya Pandey and Rishu Shrivastava “Issue for consideration of utility model” S.S. RANA & Co.  Advocates, Page no. 1-3.

    III.            Rohit Kumar Vohra, ”Intellectual Property Rights”, Aayam Herbal Pvt. Ltd. Jaipur Page no. 4.