Thursday, 10 November 2011

What is the Difference Between Patent and Utility Model?



The invention common below patent technique demands novelty, non-apparent and capable of industrial application. Whereas the invention normal under utility model is lowed to an 'innovative step'. For example an innovation patent can use products or inventions that have already been invented in a new and innovative way to solve a particular dilemma.

The following points differentiate between Patent and Utility Model

Patents

· The invention which has novel, inventive step and industrial application can be protected.

· All new invention or substantial improvement invention can be protected.

· The term of protection is 20 years from the date of filing.

· The expense to obtain and preserve the patent is extremely high priced.

· It calls for substantive examination of patent application to validate patentability.

· Longer time [two to five years] is necessary to obtain a patent.

· Patent protection is readily available in almost all major nations.

· Patent protection is actively employed.

· Conversion of patent in to utility model is at all times feasible

Utility Model

· The invention which has mainly novelty, but much less or absent in inventive step can be protected.

· All marginal improvement invention can be protected.

· The term of protection is among 7 and 10 years from the date of filing.

· The cost to obtain and preserve it is more affordable.

· It does not demand substantive examination process, as it does not demand inventive step.

· To obtain it, demands only much less time in the range of 6 months to 1 year.

· Protection is on the market only in some countries based on the technology.

· Protection is much less actively utilized.

· Converting it in to a patent is achievable below specific circumstances.

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