Utility Model Patent w.r.t USA and INDIA

“Don’t design for some, when it can be Utilized by many “

There are three types of patents available in USA .Utility model is one of them. It is based on the requirement of ‘usefulness’ i.e. the claimed ‘use’ should be exist for utility model to be granted. It is granted for machine, process and composition of matter .It does not require the criteria of ‘inventiveness’ as given by TRIPs.

Utility patents are quite different from design patents. Design patents are for original, novel and ornamental design, whereas these are subset of utility patent and copyright. Design patents’ requirement are: – Novelty and inventiveness. Patent for utility model is given for 20 years.

Main features of Utility models:

  1. Gives exclusive right to inventor.
  2. Utility model protect the technical character of an invention.
  3. Novelty is the basic requirement, but inventive step not required as per TRIPs

The Utility Model patent as stated above does not exist in India as of now. In the present patenting process more than 80% of patent applications in India filed by non-resident, as observed from the patent office. Utility Model of licensing has a decreased rule of Non-Obviousness or technical advancement. The Utility Model in a few nations just requires a preliminary examination before grant. Despite the fact that Novelty is a rule here as well, yet the standard differs from nation to nation.

India need such kind of patent protection i.e. Utility model, as it simplifies long and difficult existing process, It would be a boost for startups and small funding company which do not have much to invest in taking a patent.

This post has been contributed by Saransh Vijay, a penultimate techno legal student at School of Law, UPES University.

Image from: here

L&P Editorial Team

The Law & Practice Blog's editorial team.

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