A utility model is a patent-like intellectual property right to protect inventions.[1] This type of right is available in many countries but, notably, not in the United States, United Kingdom or Canada.[1][2] Although a utility model is similar to a patent, it is generally cheaper to obtain and maintain, has a shorter term (generally 6 to 15 years), shorter grant lag, and less stringent patentability requirements.[1][3] In some countries, it is only available for inventions in certain fields of technology and/or only for products.[1] Utility models can be described as second-class patents.[4]
While no international convention requires countries to protect utility models (unlike copyright, trade marks or patents) and they are not subject to the TRIPS agreement, they are subject to the Paris Convention for the Protection of Industrial Property, which means that countries that do protect utility models are required to comply with rules such as national treatment and priority. Utility models are also available (in countries that have a utility model system) via the Patent Cooperation Treaty (PCT) system of international patent applications.[5]
Kind codes for utility models begin with U, Y, and Z for the first, second, and third levels of publication, respectively.[6]
- ^ a b c d "Practical Advice - Seeking utility model protection instead of patent protection". PCT Newsletter (5/2018). WIPO. May 2018.
- ^ WIPO web site, Where can Utility Models be Acquired?
- ^ Heikkilä, Jussi; Lorenz, Annika (2018). "Need for speed? Exploring the relative importance of patents and utility models among German firms". Economics of Innovation and New Technology. 27: 80–105. doi:10.1080/10438599.2017.1310794. S2CID 157693954.
- ^ Bodenhausen, G.H.C. (1969). Guide to the Application of the Paris Convention for the Protection of Industrial Property As Revised at Stockholm in 1967 (PDF). United International Bureaux for the Protection of Intellectual Property (BIRPI). p. 22. ISBN 92-805-0368-5. Retrieved 28 December 2016.
- ^ WIPO - utility models
- ^ Standard ST.16, from the World Intellectual Property Organization