The very first utility model patent was obtained in 1891 in Germany. At that moment, the requirements for registration were not high, the minimum level of “novelty” was quite enough. The patent was issued for 3 years with the possibility of a one-time extension for 6 years. Since that time, the concept of a utility model has expanded and different countries have formed their own peculiarities of this concept.
Utility model is an object of industrial property, a new technical solution. These are “small inventions”, industrial novelties that are not as significant as inventions.
In different countries that recognize this type of intellectual property, a protection document for a utility model can be called differently: “certificate of utility” in France, “small invention” in Australia, “short-term patent” in Belgium and the Netherlands, “useful innovation” in Malaysia.
In Ukraine, it is a “utility model patent”, which is issued based on the results of a formal examination for the period of 10 years with the possibility of extension.
According to the Ukrainian legislation, the object of a utility model can be a product (device, substance, strain of a microorganism, cell culture of plants and animals, etc.), a process (method). It is worth noting that in few countries the process can be registered as a utility model.
The conditions for patentability of a utility model are:
- novelty (there are no requirements for the presence of an inventive level unlike an invention)
- industrial applicability.
Having the extensive practical experience in this area law firm VigoLex has already helped many clients to successfully undergo the procedure for obtaining a utility model patent within the time limits established by law.
To become the owner of a utility model patent you must:
- carry out a preliminary search by lawyers to identify previously registered analogues;
- prepare the package of documents for applying to Ukrpatent (description, formula, abstract, etc.), pay state duties for filing an application;
- obtain a decision from Ukrpatent about the compliance of the application materials with the legislation after the formal examination and the establishment of the date of filing the application;
- publication in the official gazette;
- obtain a utility model patent;
- entry of a patent into the Customs Register of Objects of Intellectual Property Rights.