The utility model is the fastest way to protect an invention
This way of protecting an invention involves a simpler administrative procedure but has a shorter shelf life. The granted rights are valid for a maximum period of 10 years from the date of the application for registration.
Through the utility model, no inventions can be protected that concern chemical or pharmaceutical substances or processes, or biological matter.
Through the utility model you can make two types of application: application with examination and application without examination. This brings advantages to the applicant, because:
- you can pay only the application fee
- delay or even get to pay the exam fee.
The examination may only be requested if the applicant deems it necessary (for example, whenever he intends to bring a lawsuit).
The utility model is more flexible than the patent. At the request of the applicant, the invention to be protected with utility model may also be patented at the same time or successively. The applicant has up to one year to make successive applications, from the date of the first application.
Also, a patent-protected invention may be protected with utility model at the same time or successively. For this, the applicant has up to 1 year to make this change.
Until a final decision on the application is issued, the applicant may, on its own initiative, rework the patent application and change it to utility model, and vice versa.