A utility model is an example. Utility Model and Invention: Similarities and Differences. Obtaining a patent for a utility model

Surely many of you have heard the expression “utility model” more than once. Let's figure out what it is. A useful model is the result of the intellectual activity of the individual, his discovery or invention in any technology. Anything can be used as a development, for example, various substances, devices, products, methods or processes, the latest use or application of any process or product known previously. It should be noted that the utility model relates only to industrial property. As you already understood, this article will discuss what a useful model and invention are, their similarities and differences, some important features of filling out a sample for obtaining a patent, etc. will also be indicated.

Disadvantages of Utility Model

The utility model has some disadvantages. One of them is the reduced patent validity period, which is only 10 years. It can be extended, but for an even more insignificant period, which is only 3 years.

utility model example

Technical solutions related to devices - this is precisely the guarded utility model. An example of such a solution is given below. If technical solutions relate to the methods, then in this case they will no longer be the object of a utility model. This is another difference from the invention. Products that do not fall under the definition of “device” also have nothing to do with the utility model. One of the conditions of patentability is novelty. If the utility model does not meet this criterion, then it cannot be considered significant. Development should be a novelty that has not yet been used by anyone. In addition, the model must be brought to perfection, that is, its further use should not cause inconvenience and comply with all technical rules.

What results from the lack of patent verification

But the most significant minus is that the patent for a utility model in our country is not checked for compliance with the conditions of patentability, which in turn leads to the illegal obtaining of a patent for protection or abuse of patent rights. Unfortunately, such cases are registered and take place in the markets of our country. In addition, the authors do not have the opportunity in the future to improve their technical solution until the publication of information about it, since constructive criticism, in principle, is absent.

The main advantages of the utility model

utility model and invention their similarities and differences

Our country provides for the legal protection of a utility model, that is, this concept is regulated and enshrined in law. A useful model is intangible objects of intellectual law, similar to the invention. An invention is a technical solution, and these two concepts are often confused with each other. It should be noted that utility models, unlike inventions, do not have such strict patentability conditions. In addition, the application for the acquisition of the right to a utility model, i.e., a patent, is considered more simplified and in a shorter time.

The main advantage of the utility model is the fact that, ceteris paribus, a patent for a utility model is invulnerable, and the reason for this is the lack of a requirement called "inventive step". After all, the concept of a “utility model”, although partially related to the invention, is still completely different things. The legislation of Russia with regards to patents is not entitled to assign them to an invention or utility model in relation to the same decisions. In addition, the conversion of a patent for an invention into a patent for a utility model in the event of contestation is not allowed.

Saving time is an important criterion

technical devices

Another plus of the utility model is a short time. To register a patent for a utility model, the author will have to spend about 6 months on this, but in the case of the invention, the whole process can take about a year and a half from the time of filing the application to the time of direct publication of patent data in a special document - a bulletin. At the same time, the risk of a sudden increase in the length of office work is much lower.

The practice of simultaneously filing applications for similar utility models and inventions is very popular in Russia. It is worth noting that this method provides the ability to quickly buy a patent for protection. In the future, if examination requires it, instead of a utility model patent, a patent for an invention can be obtained .
An important point: the utility model related to devices is protected in accordance with Article 1351 of the Civil Code of the Russian Federation. If the author (owner) has any questions regarding its development, then in searching for answers to existing questions, you can refer to this article.

Convention Priority

special cases

As mentioned above, the main conditions for the patentability of a utility model are its industrial applicability and development of innovations, that is, "novelty." The model must be absolutely unique and suitable for further use. A utility model, an example of which is given, should be consistent with conventional priority. It is similar to the priority of inventions, but still has the slightest difference. One of them is the deadline for filing an application with Rospatent. In addition, an invention, in contrast to a utility model, must have an inventive step. For a utility model, this criterion is optional.

The legal protection of utility models does not apply to decisions concerning only the external characteristics of the product and aimed at satisfying needs in terms of aesthetics. So let's summarize: utility models and inventions are considered the results of an individual’s intellectual activity and represent a technical solution to problems. The differences between these concepts are exclusively legal in nature. So that you clearly understand what a utility model is, the following are specific examples of them.

Utility Model Examples

utility model sample

So, a useful model. An example is the design of a lighter equipped with a beer opener. Such a utility model was patented in Korea, and although it does not have a special inventive step, this novelty has industrial suitability and usefulness, which means that it will bring significant income to the owner of the title of protection. In our country, as an option, you can bring mechanical and technical devices, the main advantage of which is the anti-theft function. This list includes security alarms, radar detectors and other devices that are useful not only in industry, but also for the population.

Samples of utility model and its description scheme

A necessary component of the circuit is the IPC codes. They are indicated on the right side and are determined by a special directory called the “International Patent Classification”. The name of the development is customary to write in the singular. It should fully characterize the purpose of the model, in addition, it must be agreed in advance with the MKI.

As for the name of the sections describing the model developed in Russia, it is completely optional to indicate them. Then in the description list should follow information about the field of technology to which this utility model is directly related. It already indicates the level of technology, industrial applicability, similar utility models that currently exist on the market, and prototypes. Naturally, in order to prove the uniqueness and irreplaceability of development, it is also necessary to provide some useful information about analogues and prototypes, namely their shortcomings, shortcomings, etc. Such clarifications will only benefit those who wish to register their development.

The larger the description, the better

A sample of a utility model with only the minuses of similar models is often recognized as incomplete. That is why, in this document, it is also desirable to outline the task with which the new utility model can cope much better. You can also write about the expected results of using this model, but they, of course, should be positive.

The most important thing in the description of the development is the section where the essence of how the utility model can work is revealed. An example of such a description, or rather the most important criterion: it should be as close as possible to the formula. Essential features, their features, parameters and characteristics are required for a detailed description in this document.

patent classification

As mentioned above, one of the most important conditions for obtaining a patent for a utility model is its industrial applicability. Therefore, when drawing up the scheme, it is very important to provide a rationale for the development of patentability conditions.

Special cases of the implementation of the utility model

In this situation, for each particular case, you must specify all of the above descriptions. This includes international patent classification, the pros / cons of the model, etc. It is likely that some descriptions will be repeated or indicated formally - this is permissible and does not violate the law. In the section, it is necessary to briefly describe the drawings and indicate a list of figures (also with descriptions). Various graphic objects should be referred to as “shapes”. Special cases of the application of the utility model should be given in the dependent claims.

Utility Model Implementation

utility model rights

In this section, you need to talk in detail about how development can be implemented and implemented, how it can be useful and for whom. Often, such descriptions are given in the static state of a utility model and with examples of work to be provided in digital form and with the most detailed explanation of a particular model element. If information on the limits or intervals of any parameter is stated in the development description or formula, then in this case it will be appropriate to give their confirmation, that is, justify the technical devices with examples.

Source: https://habr.com/ru/post/A10115/

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