UTILITY MODEL PATENT
A utility patent may be a patent that covers the creation of a brand new or improved product, process, or machine. A utility patent, is additionally called a "patent for invention," it prohibits alternative people or corporations from creating, using, or marketing the invention without authorization.
INTRODUCTION TO UTILITY PATENT
A utility patent may be a patent that covers the creation of a brand new or improved product, process, or machine. A utility patent, is additionally called a "patent for invention," it prohibits alternative people or corporations from creating, using, or marketing the invention without authorization[1].
Examples of Utility Patent
- Machines (e.g. one thing composed of moving elements, like engines or computers)
- Articles of manufacture (e.g. brooms, candleholders)
- Processes
IMPORTANCE OF UTILITY MODEL PATENT
- Utility patents confer exclusive protection rights for the merchandise and not method.
- Utility patents are applicable for progressive invention.
- In most of the jurisdictions solely a preliminary procedural examination is needed, for the grant of utility patents there's no substantive examination for utility patent grant.
- The rights bestowed for the utility patents are almost like those granted by patent laws however have a shorter term.
- The span of protection sometimes varies from 6-15 years, contrary to patents within which the term of protection is twenty years.
- Utility Patents are cheaper.
- The period of registration of utility patents is a smaller amount compared to patents since in most of the jurisdictions the applications for utility patents don't seem to be examined before registration.[2]
WHEN SHOULD YOU APPLY FOR UTILITY MODEL PATENTS?
- For inventions with minor improvements
- If there's a demand of quicker registration
- For the inventions that area unit progressive in nature
- For the inventions that area unit tangible in nature
- When the budget allotted is a smaller amount and patenting value is a lot.
Some Countries that offer Utility Model Patents are :
Albania, Brazil, Bulgaria, Columbia, Finland, France, Turkey, Ireland, Italy, Japan, Germany, Greece, Philippines. There is no Utility Model Protection avaialble in India at present.
DIFFERENCE BETWEEN PATENT AND UTILITY MODEL PATENT
|
PATENT |
UTILITY MODEL PATENT |
|
The invention that has novel, ingenious step and industrial application will be protected. |
The invention that has chiefly a novelty, however less or absents in ingenious step will be protected. |
|
All new invention or substantial improvement invention will be protected. |
All marginal improvement invention will be protected. |
|
The term of protection is twenty years from the date of patent filing. |
The term of protection is between seven and ten years from the date of filing. |
|
The patent value to get and maintain the patent is pricey. |
the value to get and maintain the utility model is cheaper. |
|
It needs substantive examination of the application to validate patentability. |
It doesn't need substantive examination procedure, because it doesn't need the ingenious step. |
|
Longer time [2 to five years] is needed to get a patent. |
to get Utility model protection, it needs solely less time within the vary of half-dozen months to one year. |
|
Patent protection is offered in the majority major countries. |
Utility model protection is offered solely in some countries supported technology. |
|
Patent protection is actively used |
Utility model protection is a smaller amount actively used. |
|
Conversion of the patent into the utility model is usually potential. |
Conversion of utility model into a patent is feasible beneath sure circumstances. |
WHAT IS PATENT? PATENT LAW IN INDIA, IMPORTANCE OF PATENT FOR BUSINESS, To Know More, Visit -
NEED OF UTILITY MODEL PATENT IN INDIA
Small & Medium Enterprises ar the pillars of the Indian producing sector and became vital within the stable financial growth of India[3]. About seventy p.c of the utilization growth comes from the SMEs within the Asian region and that they contribute towards ninetieth of commercial units in Republic of India and four-hundredth valuable addition within the producing sector. In India it accounts for ninetieth of the commercial units in because the name recommend these businesses ar varied from little organization and commercialism issues to massive retail chains. in keeping with the estimate, there are over thirteen million SMEs in Republic of India providing employment to forty two million people[4].
Considering that there are range of such enterprises that have ingenious capabilities however do not have technical/legal support to pursue information processing rights, or that come short of the patentability criteria, fail to guard their inventions/creations and suffer nice losses. It not solely affects their business however additionally hampers such enterprises from growing, leading to decrease of competition and affects customers.
Therefore it's extraordinarily necessary to safeguard the rights of those enterprises against exploitation. And utility models pay attention of this by providing a less tight procedure for registration and for a lesser period so once these progressive inventions that ar presently not protected underneath law would be recognised underneath utility model in Republic of India, it provides a nice boost to MSMEs and spur innovation yet.
CONCLUSION
India does not provide protection underneath Utility Patents, thus the Indian firms and startups that ask for utility patent protection will apply within the higher than mentioned countries solely. Republic of India too needs utility patent protection provision attributable to its various edges mentioned higher than. with the exception of those utility patent protection conjointly edges tiny and Medium Enterprise Businesses since they lack funds for conducting tests & trials and paying hefty patent fees.
An estimate shows that there are forty eight million SME's in Republic of India providing employment to billions of individuals. For such SMEs utility patent protection will convince be a boon, since they fail to shield their inventions and thus suffer losses in terms of business growth. Utility patent protection proves to be a good safeguard for defense of inventions of MSMEs.
BY RISHIKA KAPOOR
