- Intellectual property
- Corporate / M&A
- International Trade
Inventions and utility models / The invention is characterized by a utility model?
First of all, the invention as a utility model - is a certain result of human intellectual activity in any field of technology. Determination of the legislation given us one for invention and utility model. However, there‘s a significant distinction.
The difference lies in the requirements (criteria) necessary for the registration of both intellectual property and, consequently, in the amount received protection. To be precise, there are certain conditions for obtaining protection for inventions and utility models. The invention is considered patentable if it is new, involves an inventive step and is industrially useful. Useful as a model patentable if it is new and industrially suitable.
As you noticed in the criteria for the protection of the utility model is not a criterion - the inventive step.
Accordingly, to challenge a patent for utility model is much easier than on the invention, the inventive step because it is on the conscience of the applicant and verified by examination.