A utility model is a technical improvement of already existing or again created mechanism or device, a new embodiment of idea which allows to solve a certain problem in any area of engineering. Here are examples of utility models: mobile car washes, arms or computers in military execution.
A utility model can be registered quicker, than an invention because an examination in essence is not required. To register an utility model there should be compliance only of two conditions: novelty and industrial applicability.
Any person which is not a right-holder can use a utility model only with the permission of her owner.
Registration of a utility model
A registration application of a utility model is submitted to the Federal Institute of Industrial Property (FIIP). It is useless to try to register improvements concerning only appearance of a product or contradicting the principles of humanity and morals as a utility model.
A patent is granted for a utility model and its validity period is 10 years in the Russian Federation, on condition of annual fee payment. "Card Patent" will remind you of it.
"Card Patent" will examine a novelty and industrial applicability of a utility model. Our experts will help to draw papers for registration of a utility model in compliance with law requirements.
Registration of a utility model can be carried out on one of options:
- in the territory of the Russian Federation;
- in the participating countries of the Paris Convention http://www.wipo.int
- in the territory of the certain state.
- Object description (drawings)
- Full name of the applicant, PSRN
- Full legal address
- Phone, fax, e-mail address
- Bank details
- Organization Russian National Classifier of Businesses and Organizations code
- Director (position, First name, middle initial, last name)
- Power of attorney
Useful models are protected in the majority of Romano's states - the German legal family and in some states of the continental right (the USA and the Great Britain legislation does not protect useful models). As well as in Russia all over the world there are less strict demands to useful models because lack of evidence (inventive level, an inventive step) is not required. In Hungary, Germany and Spain useful models have to relatively, but not absolutely novel (that is the author's privilege on novelty is provided). In rare cases, not only a the device, nut a method can be protected as a useful model (in Ukraine, Austria, Estonia, France, Ireland, Portugal). The standard period of validity of the patent for useful model is 10 years.
In the majority of the states, including Russia, the coexistence of the national patent for the invention and the patent for useful model is not allowed (the exceptions are Germany and Ukraine).
An inventor going to patent his invention often asks himself if he should patent it as an invention or as an useful model. To answer this question one should look at the problem from different point. Firstly, the object of the invention can limit a type of the patent document which can be received. Secondly, the patenting purposes also matter. Besides, qualities of patents can matter. Let's have a look on both types of security documents more closely.
A patent for an invention is the most known security document in the field of intellectual property. In the Russian Federation a patent for an invention protects a patented device, a method or a structure within 20 years that is considerable validity period. To be patentable an invention has to conform to rather serious requirements of patentability and it happens to be sometimes in spite of the fact that development can provide advantages with minor design changes. For such cases exactly a patent for a useful model has been invented. In the Russian Federation it is granted only on devices and its validity period lasts 10 years. It also makes a very long period of time taking into account a possibility of extension of validity period for 3 years. It is quite easy to guess that in ten years technical industry can step far forward and it will be necessary to protect new developments.
A patent for results of development can perfectly cope with protection of the market and preservation of the rights to intellectual property for developers of the invention or a useful model. It is also necessary to understand that such protection provides possibility of carrying out further scientific researches and works which in 10 years can be carried out in several directions and on different depth. At the same time, to compensate its smaller validity period a patent for useful model has softer requirements to patented object in comparison with the patent for the invention and this fact makes it popular among applicants and patent holders.