Sometimes referred to as a petty patent or innovation patent, a utility model is an intellectual-property right available in many countries for protecting inventions, similar to utility patents. However, utility models have a shorter patent term (typically 5 to 15 years) than utility patents, but offer a more lenient examination process for patentability. Having a quick examination timetable and significantly lower fees, utility models are usually considered as being appropriate for protecting incremental inventions.
Utility models are granted on inventions that are considered novel (excluding methods and plants); however, in many jurisdictions, substantive examination is not conducted, with filing formalities being the only criteria required for grant. In Germany, knowledge of an invention in the public domain (whether in writing or in use) before the application priority date (excluding a 6-month grace period) is the benchmark for granting utility models.
Considering another jurisdiction where utility models are frequently filed as an example, the novelty requirement for a utility model in Spain relies on local novelty (or relative novelty). This means that an invention needs to be novel only in Spain to be grantable, as opposed to utility patents which require absolute novelty (meaning not disclosed in the broader public domain). In many jurisdictions, utility models can be filed from a PCT application, and can be converted from a utility-patent application.
Utility models can be valuable components in forming an effective patent strategy, allowing time-pacing of the competition and/or technology area by the applicant to compete in markets that won’t stand still. Furthermore, utility models can fill the gaps in a patent cascade in which examination timetables and filing costs of parallel patent applications are synchronized to maximize strategic value as part of a carefully-planned continuation practice. Often, these issues can be the distinguishing features in executing a strong filing strategy to securing IP rights, taking competitors by surprise, and providing valuable leveraging in advancing a business venture.
FlashPoint IP factors these wide-ranging aspects into the process of securing patent protection, whether in searching the prior art, drafting patent applications, selecting how and where to file, or prosecuting your claims to an invention to help you maximize value in an extensive array of practice areas. Our patent attorneys are adept at synthesizing the many facets needed to create a winning formula for your IP. Contact us to discuss your options regarding IP positioning and strategy, and how best to secure your rights.
