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Home - Intellectual Property Rights - Utility Model
A Utility Model is a part of intellectual property right which enables the inventor to protect the right of his invention. It is also described by some people as statutory monopoly which is given to the inventor for a particular period of time with the condition that he must provide sufficient teachings to some other persons so that he can develop the skill of performing the art of that particular invention. It is included to the legislation of many countries like Brazil, Philippines, China, Chile, Argentina, Finland, France, Taiwan, Hungary and so on. This is somewhat similar to the patent law, but in some ways it is different from them.
The origin of the model can be traced in Germany in 1891, where it was enacted with the motto of filling gaps. During that period in Germany, the patent office used to give patents to those inventions which were totally new and showed some degree of creativity. In such cases, some important technical solutions which were no less important in terms of industrial creation were missed out. To solve this problem, a new model was launched which was popularly known as the Utility Model. Several other countries applied the model afterwards and it has become a popular on day by day.
Almost all the countries where this law is enacted have put the criteria that the innovation must be new. However, in some cases proper substantive examination is not conducted and after checking that whether all the formalities are complied or not, Utility Model is granted. When it comes to duration, every country has its own criteria. However, the duration that an inventor can enjoy this right differs from country to country from six years to ten years.
The process of registration for this model is very simple. There are some primary requirements which have to be fulfilled by the applicants. In case the applicant fails to comply with the basic requirements, he will be informed that his application is rejected. In fact, there are no specific guidelines for checking the validity of the applicants. The applicants have to pay a particular amount of fees as per the requirements. After all the formalities are fulfilled, it will be published in the official gazette.