Utility models
In the case of an application for a utility model, the Industrial Property Office only examines the fulfilment of the basic conditions for protection by a utility model and registers the utility model without examining whether the subject matter of the application for a utility model is eligible for protection in terms of novelty and creative level, the procedure here is based on the so-called registration principle.
An application for a utility model may be submitted by the originator of the utility model or by the one to whom the originator has transferred that right. The application for a utility model can be submitted electronically in the format WORD "docx" format with a recognised electronic signature, possibly through a system of data boxes, or in writing, i.e., by post or in person in the filing room of the Office. For submission in paper form, you can use an electronically completable form (application for registration of a utility model in the register) without the possibility of online submission or a pre-printed hand-completed form, which can be obtained in the registry of the Office. In addition to this custom application for registration of a utility model, the application must contain a description of the technical solution or its drawings and so-called protection claims, which precisely define the subject matter for which protection is requested.
New industrially usable technical solutions that go beyond mere professional skills are protected by a utility model.
However, all production or work activities and biological reproductive materials are excluded from the possibility of protection by a utility model. As regards the right to protection by a utility model and the particulars of a utility model application, the principles apply similarly to those of an invention application similarly apply.
What is a utility model?
New industrially usable technical solutions that go beyond mere professional skills are protected by a utility model. However, all production or work activities and biological reproductive materials are excluded from the possibility of protection by a utility model. As regards the right to protection by a utility model and the requirements of a utility design application, the same principles apply as in the case of a patent application. Yet, the fundamental difference lies in the procedure. The procedure for applications for utility models is based on the so-called registration principle, where the Office only examines the fulfilment of the basic requirements for registration and registers the utility model without examining whether the subject matter of the application is eligible for protection in terms of novelty and creative level.
What is the difference between an invention and a utility model?
A utility model is sometimes considered to protect a simpler variant of an invention. It can also protect technical solutions that are new, industrially usable and that go beyond mere professional skills. As regards the right to protection by a utility model and the requirements of a utility model application, the principles apply similarly to those of an invention application.
WHAT, IN PARTICULAR, ARE THE ADVANTAGES OF PROTECTION BY A UTILITY MODEL?
Unlike patent protection, obtaining protection with a utility model is faster and less costly. The procedure is based on the so-called registration principle. The utility model application is subject to an examination of the registrability of the utility model in the register. The Industrial Property Office will therefore register the utility model without examining whether the subject-matter of the application is eligible for protection in terms of its novelty and beyond the scope of the mere professional skill. However, by registering a utility model without exploring its novelty and beyond the scope of mere professional skill, its monopoly is also more fragile than the patent and the position of its owner less certain. However, utility model fees are much lower. Unlike patent protection, the registration of a utility model can occur very quickly, usually within a few months of filing a utility model application. Under certain conditions, it is even possible to deviate from the original invention application to a utility model application while maintaining the original priority.
Another advantage of utility models is that the state of the technique for assessing its novelty is not such publication of the results of the work of the applicant or their legal predecessor, which occurred in the last six months before the application for a utility model.
AND WHAT ARE THE UTILITY MODEL LIMITATIONS?
All methods of production or work and biological reproductive materials are excluded from the possibility of protection by a utility model. Compared to a patent, this protection is not appropriate in those cases where the use of the protected object only occurs in a longer time period. On the contrary, it is ideal for objects with a shorter service life, since the effects of writing a utility model are the same as those of a patent.
The maximum period of utility model validity, when paying renewal fees, is half, i.e. 10 years, compared to patent validity.
