The rights the one, who has protected his rights
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Patent for utility models
If you want to know what the utility model is and in what ways it differs from intellectual property such as industrial design or invention, our experts will be glad to answer all your questions and help to obtain the patent for the utility model.
The utility model is considered to be a new engineering solution for a device or equipment. However, not every utility model can be granted a patent. To ensure the patent is granted to the utility model, it is necessary that the model's engineering solution should be able to be used industrially. Besides, the utility model should be unique, i.e. the suggested solution should be unknown before.
The patent for the utility model is granted for 10 years with the right to be prolonged for another three years. Our company offers services in patenting utility models and suggests you make use of our experience and find out more about the differences between the utility model and invention.
The utility model is any device which has never been described before and has not been used industrially although it may be obvious to a specialist in the field. The invention, unlike the utility model, can not be obvious to a specialist in the field, in other words, it must reach a certain invention level. It is much easier and cheaper to register the utility model than to patent an invention. However, it should be born in mind that in this case the patent for the utility model does not protect the engineering solutions.
In Russia state appraisal of the merits of the utility model s not required which provides an opportunity to register engineering solutions that are not new. That is why such registration of utility models is rather vulnerable and can be protested against by any person who received the patent for a similar utility model earlier.
What are the rights of the utility model patent holder?
The utility model patent holder is granted the exclusive right for the model. However, the patent obtained from the Russian patent office is effective only on the territory of the Russian Federation. In other words, the registration of the patent guarantees that nobody in any other country of the world can register a patent for the same utility model but the engineering solution described for the utility model can be used in another country. That is why if you are interested in the world market, you should apply for the utility model registration in other countries too.
The utility model patent owner can submit a license for the use of the utility model or to sell (resell) the patent. The alienation agreement and the permission to use the utility model must be registered by the Patent Office.