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Encyclopedia > Utility models

A utility model is an intellectual property right to protect inventions. This right is available in a number of national legislations, such as Argentina, Austria, Brazil, Chile, China, Finland, France, Germany, Italy, Japan, Mexico, Morocco, Poland, Portugal, South Korea, Spain and Taiwan. It is very similar to the patent, but usually has a shorter term (often 6 or 10 years) and less stringent patentability requirements. For the 2006 film, see Intellectual Property (movie). ... An invention is an object, process, or technique which displays an element of novelty. ... Legislation (or statutory law) is law which has been promulgated (or enacted) by a legislature or other governing body. ... A patent is a set of exclusive rights granted by a state to a patentee (the inventor or assignee) for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which... The term of a patent is the maximum period during which it can be maintained into force. ... Within the context of a national or multilateral body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent. ...


The German and Austrian utility model is called the "Gebrauchsmuster", which influenced some other countries' such as in Japan. In German and Austrian patent laws, the Gebrauchsmuster, also known as German utility model or Austrian utility model, is a patent-like, intellectual property right protecting inventions. ...


In Spain, the novelty requirement for obtaining a utility model (Spanish: modelo de utilidad) is "relative", i.e. only public written disclosure of the invention in Spain is prejudicial against the novelty of the invention claimed in the utility model. This is in sharp contrast with Spanish patents for which absolute novelty is required. What constitutes a "disclosure of the invention in Spain" has been the subject of two recent decisions of the Spanish Supreme Court (RJ 1996/7239 "Scott c. Sarrió y Sarrió Tisú" and RJ 2004/2740 "PEMSA c. Interflex"). Novelty is a patentability test, according to which an invention is not patentable if it was already known before the date of filing, or before the date of priority if a priority is claimed, of the patent application. ... Patent claims are usually in the form of a series of numbered expressions, or more precisely noun phrases, following the description of the invention in a patent or patent application, and define, in technical terms, the extent of the protection conferred by a patent or by a patent application. ...


  Results from FactBites:
 
Società Italiana Brevetti intellectual property consultants: Italian utility models (770 words)
The utility model grants protection in the entire Italian territory (for a total of roughly 324,000 square kilometers and about 57 million inhabitants) and in the State of San Marino and may be recognized in the Vatican City.
Utility model applications may be filed in Italy at the Provincial Offices of the Ministry of Industry or at the Italian Patent and Trademark Office.
Utility models may be freely assigned or licensed and may be used as rights of security.
WSPatent | Utility model (184 words)
A utility model is an unexamined industrial property right with a maximum duration of 10 years.
Even though the requirements for the registration of a utility model essentially correspond to those for the protection of a patent, the utility model is not examined with regard to its contents prior to the registration.
As a utility model is not substantially examined, but only formally, the protection of a utility model can typically be obtained not only faster, but also at lower costs than the patent protection.
  More results at FactBites »


 

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