In some countries, a utility model system provides protection for so-called "minor inventions" through a system similar to the patent system. Acknowledging that minor improvements to existing products that do not meet patentability requirements can play an important role in a local innovation system, utility models protect such inventions by giving them an exclusive right, which allows the beneficiary to prevent others from using the product commercially.
In general, compared to patents, utility model systems require less stringent requirements (for example, a lower level of inventive step), have simpler procedures, and offer shorter-term protection. Designed primarily to meet the needs of local innovators, the requirements and procedures for obtaining protection and the duration of protection differ from one country to another.
What is a utility model?
It is the rights provided by an invention that brings solutions to an existing technical problem or shows the way, which is new in the world and in Turkey. The document showing this right is called a patent registration document. Similar to patents, utility models protect new technical inventions by giving them a limited exclusive right to prevent others from using the protected inventions commercially without the consent of the rights holders. In order to benefit from the protection, an application must be made and the utility model must be given. These are sometimes called "short-term patents", "co-innovations" or "innovation patents". Defining a utility model is not easy as it differs from one country to another. In general, utility models are considered particularly suitable for protecting inventions that make minor improvements or adaptations to existing products or that have a short commercial lifespan. Utility model systems are often used by local inventors.
What kind of protection does the utility model provide?
The owner of a utility model acquires the exclusive right to prevent or stop others from commercially using the utility model for a limited period, usually 6 to 10 years from the date of application. In other words, utility model protection in general means that the invention cannot be commercially made, used, distributed, imported or sold by others without the permission of the utility model owner. The above right is territorial, that is, the right can only be exercised within the country where the utility model is issued.
What are the main differences between utility models and patents?
The main differences between utility models and patents are:
Utility model acquisition requirements are less stringent than patents. In some countries, the need for 'innovation' will always be met, albeit only at the local level, but the need for 'inventiveness' or 'non-obviousness' may be lower or absent. In practice, protection of utility models is often sought for highly incremental innovations that may not meet patentability criteria.
Utility models have a shorter term of protection than patents and vary from country to country (usually between 6 and 15 years).
In most countries, patent offices do not review utility model applications for content prior to registration. This means that the registration process is often simpler and faster, sometimes taking six months or less.
Utility model acquisition and maintenance fees are cheaper.
In some countries, utility model protection is only available for certain areas of technology, such as mechanical devices and apparatus, and only for products, but not processes.
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