A useful model is an example. Useful model and invention: similarities and differences. Obtaining a patent for a utility model

Surely many of you have heard the phrase "useful model" more than once. Let's see what she is. A useful model is the outcome of the intellectual activity of the individual, his discovery or invention in any technology. Anything, for example, various substances, devices, products, methods or processes, the newest use or application of a process or product known before can serve as a development. It should be noted that the utility model is relevant only to industrial property objects. As you have already understood, this article will discuss what a useful model and invention, their similarities and differences, will also indicate some important features of filling out a sample for obtaining a patent, etc.

Disadvantages of the useful model

The utility model has some drawbacks. One of them is the shortened term of the patent, which is only 10 years. It can be extended, but for an even more inessential period, which is only 3 years.

Technical solutions related to devices are just a protected utility model. An example of such a solution is given below. If the technical solutions are related to the methods, then in that case they will no longer be the object of the utility model. This is another difference from the invention. Products that do not fall under the definition of "device" also have nothing to do with the utility model. One of the conditions of patentability is novelty. If the utility model does not meet this criterion, then it can not be considered significant. Development should be a novelty that has not been used by anyone. In addition, the model must be perfected, that is, its further use should not cause inconvenience and comply with all technical regulations.

What is the result of the lack of verification of patents

But the most significant disadvantage is that a patent for a utility model in our country is not checked for compliance with the terms of patentability, which in turn gives rise to an illegal receipt of a patent for the protection or abuse of patent rights. Unfortunately, such cases are registered and take place in the markets of our country. In addition, the authors do not have the opportunity in the future to improve their technical solution until the publication of information about it, since constructive criticism, in principle, is absent.

The main advantages of the useful model

In our country, legal protection of the useful model is envisaged, that is, this concept is regulated and fixed in the legislation. A useful model is the intangible objects of intellectual law that resemble the invention. The invention is a technical solution, and these two concepts are often confused with each other. It should be noted that useful models, unlike inventions, have not such strict conditions of patentability. In addition, the application for the acquisition of the right to a utility model, i.e., a patent, is considered more simply and in a short time.

The main advantage of the utility model is the fact that, other things being equal, the patent for the utility model is invulnerable, and the reason is that there is no requirement called "inventive level". After all, the concept of a "useful model" even partially relates to the invention, but still these are completely different things. Legislation of Russia on patents is not entitled to assign them to an invention or utility model for the same decisions. Moreover, the transformation of a patent for an invention into a patent for a utility model is not allowed in the case of challenge.

Time-saving is an important criterion

Another plus of the utility model is short terms. To register a patent for a utility model, the author will have to spend about 6 months on this, but in the case of the invention, the whole process can take about one and a half years from the date of filing the application until the time of direct publication of patent data in a special document - the bulletin. At the same time, the risk of a sudden increase in the length of office work is much lower.

In Russia it is very popular practice to submit simultaneous applications for similar useful models and inventions. It is worth noting that this method provides an opportunity to quickly buy a patent for protection. In the future, if expertise is required, a patent for an invention can be obtained instead of a patent for a utility model.
An important point: a utility model related to devices is protected in accordance with Article 1351 of the Civil Code of the Russian Federation. If the author (owner) has any questions concerning his development, then in this article you can find answers to existing questions.

Convention Priority

As mentioned above, the main conditions for patentability of a utility model are its industrial applicability and the development of innovations, that is, "novelty." The model must be absolutely unique and suitable for future use. The utility model, the example of which is given, must correspond to the convention priority. It is similar to the priority of inventions, but still has the slightest differences. One of them is the deadline for submitting an application to Rospatent. In addition, the invention, unlike the utility model, must have an inventive step. For a utility model, this criterion is not necessary.

Legal protection of utility models does not apply to decisions relating only to the external characteristics of the product and aimed at meeting the needs for aesthetics. So let's summarize: useful models and inventions are considered the results of the intellectual activity of the individual and represent a technical solution to problems. The differences between these concepts are exclusively legal. In order that you clearly understand what a useful model is, the specific examples are given below.

Examples of the utility model

So, a useful model. An example is the design of a cigarette lighter equipped with a beer opener. Such a useful model was patented in Korea, and although it does not have a special inventive level, this novelty has an industrial suitability and utility, which means that it will bring significant income to the owner of the protection document. In our country, as an option, we can cite mechanical and technical devices, the main advantage of which is the anti-theft function. This list includes security alarms, anti-radar and other devices that will be useful not only in industry, but also for the public.

Samples of the utility model and its description scheme

The necessary component of the scheme is the IPC codes. They are indicated on the right side and are identified by a special reference book, which is called the "international patent classification". It is customary to write the name of the development in the singular. It should fully characterize the purpose of the model, in addition, it must be agreed with the MCI in advance.

As for the name of the sections of the description of the model developed in Russia, it is not necessary to specify them at all. The description list should then be followed by information on the field of technology to which this utility model is directly related. It already indicates the level of technology, industrial applicability, similar utility models that currently exist on the market, and prototypes. Naturally, in order to prove the uniqueness and indispensability of development, it is also necessary to provide some useful information about analogs and prototypes, namely their shortcomings, defects and so on. Such clarifications will only benefit those who wish to register their development.

The more the description, the better

A model of a utility model with only minuses of similar models is often recognized as incomplete. That is why, in this document, it is also desirable to designate a task with which a new useful model will be able to cope much better. You can also write about the expected results of using this model, but they, naturally, should be positive.

The most important in the description of the development is the section, which reveals the essence of how a useful model can work. An example of such a description, or rather the most important criterion: it should be as close as possible to the formula. Essential features, their features, parameters and characteristics are obligatory for detailed description in this document.

As already mentioned above, one of the most important conditions for obtaining a patent for a utility model is its industrial applicability. Therefore, when drawing up the scheme, it is very important to give a justification for the conformity of the development to the conditions of patentability.

Particular cases of implementing a utility model

In this situation, for each particular case, you must specify all of the above descriptions. This includes the international patent classification, the pros / cons of the model, etc. It is likely that some descriptions will be repeated or indicated formally - this is permissible and does not violate the law in any way. In the section it is necessary to briefly describe the drawings and indicate the list of figures (also with descriptions). Different graphic objects should be named as "figures". Particular cases of application of the utility model should be given in the dependent clauses of the formula.

Implementing a utility model

In this section, you need to talk in detail about how the development can be implemented and implemented, than it can be useful and for whom. Often, such descriptions are given in the static state of the utility model and with examples of work that must be provided in a digital form and with the most detailed explanation of a particular element of the model. If in the description of the development or the formula the information on the limits or intervals of any parameter is stated, then it will be appropriate to give their confirmation, that is, to substantiate the technical devices with examples.