Not only the invention of the device, but also a useful model is related to the objects of intellectual property , since human intellectual activity was applied to its development.
In other words, if there has been a change in the device, mechanism, where the transition to a new level is not so pronounced. A utility model patent is a legal form of protection provided by the state for technical solutions that do not have an inventive level.
Patenting Criteria
A utility model patent is issued if the device meets the requirements of novelty, and it is also possible to apply it in industrial production. In addition, a small invention must comply with the standards of morality and humanity. As for the criterion of novelty, the actions performed by the utility model should not be known in the field of technical development. It will be considered industrially applicable when it is possible to apply it in industrial production, medicine, agriculture and other areas of the economy or in the social sector.
What cannot be patented?
Legal protection by the state of a utility model does not apply in such cases:
- if it’s a method or method, for techniques and rules;
- to change the general appearance of the product;
- on the topology of integrated circuits.
How to get a patent
To certify the exclusive right to own property, an individual, legal entity or group of persons will need to contact the relevant organizations. At the moment, such issues are being resolved at the Federal Institute of Industrial Property. After registration of the application, an examination is carried out. According to the conclusions of the commission, a decision is made and a patent for a utility model is issued, which can be obtained only after six months.
In addition to the applicant, the application may indicate the developer of the technical solution, which has the right to receive remuneration from the patent holder.
It is not considered a violation of the law if
the applicant and the author will be the same person.
How long can I get a patent for a utility model?
Based on a formal examination, a state-issued security document is issued that is valid 10 years from the date of registration of the application with FIPS. At the end of the validity period, the patent can be extended up to 3 years. As soon as the valid term of the exclusive right ends, the development becomes the property of the state.
What is the difference
Small inventions do not have special inventive step requirements. This implies the recognition of any device that is well known in the scientific community, but not officially registered or described anywhere, therefore, satisfying the condition of novelty. All other criteria, structure and preparation of the application are the same as for the invention.
In addition, patents for inventions will cost 1.5 times more than for a utility model, and it will take more time to obtain it - from 1.5 to 2 years. There is another flaw in patent law. The utility model has stronger legal protection. It cannot be annulled (unlike inventions).