Difference Between Patents And Utility Models

Patents and utility models are two separate legal procedures that you might utilize to protect a new product or procedure you created. Although these two concepts have some similarities, we want to make sure you understand the differences, needs, and applications of each legal protection mechanism.

What is a patent?

A patent gives you the exclusive right to use a freshly conceived product or technique. It can be used to register an inventive item or a change in the way something is done, for example. For example, you might want to patent a new object or a solution to a technical problem.

What is the utility model?

Utility models are sometimes known as “small patents”. They also give third parties an exclusive right to use an invention for commercial purposes without the permission of the patent holder. A Utility Model is a type of patent that protects a novel invention that involves changing the design, structure, or constitution of an object to provide a barely discernible advantage in its use or manufacture.

What are utility models used for?

As you can see, the distinctions are minor. Let’s look at some of the applications of these models to get a better understanding of the notion. In general, they are beneficial to SMEs looking to document tiny breakthroughs and enhancements to existing products. They could, for example, be employed to preserve a special brush for applying an existing type of paint.

Utility models are thought to be a more straightforward method of patenting an innovation. Because utility models can only apply to things, not procedures, it’s crucial to remember what you’re defending. Different standards apply to different types of legal protection.

Differences in requirements

Patents must be unique on a global scale. This is determined by compiling a Report on the State of the Art to establish the degree of novelty and creative step. The application process might take up to 36 months, and protection is typically granted for 20 years.

A national uniqueness is required for utility models. Any third-party objections have a two-month grace period. The application process takes around six months, and protection can last up to ten years.

The invention must be industrially useful in both circumstances. This means that the thing or technique in question must be able to be manufactured and used in an industrial setting. A yearly charge is required to maintain protection in both categories. This means that, while patents are preferable in terms of providing greater and longer patent protection, they also necessitate worldwide novelty and a significant creative step, making utility models the perfect alternative for object ideas that do not require a ground-breaking technical solution.