The utility model is frequently described as the 'Small Patent' and is quite similar to its big brother in many ways. It has certain advantages compared with the patent as it is
- cheaper to acquire than a patent.
A utility model is normally registered by the Patent Office within a few weeks after the petition is submitted which is also done in the form of an official application. In doing so, you then have a 'genuine right' in your possession as well as a solid basis for your further utilisation activities.
In addition, you have a six-month novelty period of grace with the utility model. Under these circumstances the presentation of an invention, whether at a fair or during a field service conference, is not an obstruction to the registration process provided this 'prior publication' is not older than 6 months. This is a decisive advantage compared with the patent whose grant presupposes the absolute novelty character of the invention.
The registration is effected without examination of the protection prerequisites. Where the registered utility model is concerned, therefore, it may possibly be only a 'fictitious right' that cannot be enforced in a case of conflict. This risk can be substantially minimised when the application is appropriately processed to the best possible degree. In addition, an official investigation to determine the state of the art can be applied for. The determined facts allow an examination of the legal validity of the utility model and can, if required, be taken into consideration in the event of a limitation of the protection application. This leads to a strengthening of the utility model and, in the event of a possible case of conflict, to a reduction of the risks of the utility model proprietor. |
