UTILITY MODELS
What is Utility Model?
Like patents, utility models protect new technical inventions through granting a limited exclusive right to prevent others from commercially exploiting the protected inventions without consents of the right holders. To obtain protection, an application must be filed, and a utility model must be granted. They are sometimes referred to as “short-term patents”, “utility innovations” or “innovation patents”. It is not easy to define a utility model, as it varies from one country to another. In general, utility models are considered particularly suited for protecting inventions that make small improvements to, and adaptations of, existing products or that have a short commercial life. Utility model systems are often used by local inventors.
What kind of protection does a Utility Model Offer?
An owner of a utility model obtains the exclusive right to prevent or stop others from commercially exploiting the utility model for a limited period, often 6 to 10 years from the filing date. In other words, in general, utility model protection means that the invention cannot be commercially made, used, distributed, imported, or sold by others without the utility model owner’s consent. The above right is territorial, i.e., the right can be enforced only within the country in which a utility model is granted.
What is the main difference between Utility Model and Patent?
The main differences between utility models and patents are the following:
- The requirements for acquiring utility models are less stringent than for patents. While the requirement of “novelty” is always to be met, albeit some countries only on a local level, that of “inventive step” or “non-obviousness” may be lower or absent altogether. In practice, protection for utility models is often sought for innovations of a rather incremental character which may not meet the patentability criteria.
- The term of protection for utility models is shorter than for patents and varies from country to country (usually between 6 and 15 years).
- In most countries, patent offices do not examine utility model applications as to substance prior to registration. This means that the registration process is often simpler and faster, sometimes taking six months or less.
- Fees for obtaining and maintaining utility models are cheaper.
- In some countries, utility model protection can only be obtained for certain fields of technology, such as mechanical device sand apparatus, and only for products but not for processes.
UTILITY
What is Utility Model
A utility model is an exclusive right granted for an invention, which for a limited period of time allows the right holder to prevent others from commercially using the protected invention without the right holder’s authorization.
In its basic defination which may vary from one country (where such protection is available) to another, a utility model is similar to a patent. In fact, utility models are sometimes referred to as “petty patents” or “innovation patents.”
UTILITY
How do Utility models difer from patent?
The main diferences between utility models and patents are the following: The requirements for acquiring a utility model are less stringent than for patents. While the requirement of “novelty” is always to be met, that of “inventive step” or “non-obviousness” may be much lower or absent altogether. In practice, protection for utility models is often sought for innovations of a rather incremental character which may not meet the patentability criteria.
The term of protection for utility models in Liberia is shorter than for patents and it is usually between seven to ten years without the possibility of extension or renewal.
In Liberia, where utility model protection is available, the patent offices do not examine applications as to substance prior to registration. This means that the registration process is often significantly simpler and faster, taking on the average of six months.
Utility models are much cheaper to obtain and to maintain. Utility model protection can be obtained only for certain fields of technology and only for products but not for processes.
Utility models are considered particularly suited for small and medium. enterprises (SMEs) that make “minor” improvements to, and adaptations of existing products. Utility models are primarily used for mechanical innovations.
The “Innovation patent” was introduced as a result of extensive research into the needs of SMEs with the aim of providing a “low-cost entry point into the intellectual property system. Liberia is among a small but significant number of countries who provide the option of utility model protection.
How Can Your SME Acquire and Maintain Intellectual Property Protection?
Before your SME can take advantage of intellectual property (IP) assets, it has to acquire IP rights. A number of IP rights need to be granted or registered. The IP office is the only local institution in Liberia entrusted with the function of granting or registering IP rights. The procedure for their acquisition and maintenance follow the basic principles and features of international standards.
One should also note that IP rights could also, where certain conditions are met, be acquired at a regional level through the African Regional Intellectual Property Organization (ARIPO). Before seeking IP protection for your SME in Liberia or any other country, you are advised to study the country’s legal system that governs IP issues.
Sources of information
There are various sources of information on IP legislation. Probably the best place to start! would be the Liberia Intellectual Property Office also called the national IP office. To obtain the detail of
