What are the conditions of patentability for a Utility Model?

In general the requirements for the patentability of a Utility Model are:

  • They must possess novelty.
  • They must have an inventive step.
  • They must be industrially applicable.
  • They must be within the relevant subject matter.
  • They must be described completely and sufficiently in the Utility Model Application.
  • A Utility Model Application can be related only to one object.
  • Only a device can be an object of the Utility Model.

In some countries, however the requirements for novelty and the inventive step are not as rigid with the Utility Model as would be with an invention, and in a few other countries it is required for the Utility Model to be related to certain devices. Therefore, the patentability criteria for Utility Models vary from country to country.

What is patentable as a Utility Model?

The list of devices, which can be patented as Utility Models also vary from country to country. In certain countries the industrial property which can be patented as inventions can also be patented as Utility Models, while in other countries it is possible only to get Utility Model protection for the structure and shape of products or incremental inventions of certain technological fields like mechanical devices but not for chemical or biological processes.

What is not patentable as a Utility Model?

Solutions due to the technical function of the claimed product, objects of unstable form from liquid, gaseous, loose or similar substances, descriptive marks, numbers, colours, non-distinctive marks, letters, methods, plants and animals, and any product which is contrary to the moral code, ethical code or public policy of the state in which it requires a patent, may not be patented as Utility Models.

Utility Model Rights:

The rights holder of a Utility Model has the exclusive right to prevent any third parties from commercially exploiting the Utility Model throughout the validity of its protection which is often six (6) to ten (10) years. This means that without the consent or agreement of the rights holder, the Utility Model cannot be made, sold, distributed, used or imported by other parties in the territory in which the Utility Model was granted.

International agreements in respect of Utility Models:

  • The Paris Convention for the Protection of Industrial Property (Paris Convention)
  • The Patent Cooperation Treaty (PCT)
  • National and Regional Trade Secret Laws and Regulations (WIPO Lex)

Our Patent Attorneys are highly experienced in Utility Model search as well as filing and processing of the Utility Model application, prosecution, recordal of changes, licenses and agreements, maintaining of the patent in force and the representation of our clients in court for the successful implementation of their patent.

IPR GROUP’s highly trained patent team is efficient at guiding the client through the necessary steps and procedures needed to protect their Utility Model against infringing third parties and possible office actions of the examination. Our experts, having degrees in technical, economic and legal spheres, as well as significant and practical knowledge in industry, scientific research, business management and patent examination, work around the clock daily to provide our clients comprehensive solutions in the management and protection of their patent portfolio from unauthorized reproduction, counterfeiting, or exploitation by third parties. We have the experts for each of your applied technical and scientific fields and we can definitely assist with all questions of interest to the client in respect of any steps of registration including drafting of an application and further prosecution of the Utility Model.

For more details on Utility Model patent registration in our jurisdictions, kindly follow the individual tabs to explore the procedures required in each of our countries of the CIS: Russia, Ukraine, Kazakhstan, Georgia, Armenia, Azerbaijan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan, Belarus, and Moldova.