MasiboLaw

Businesses and inventors are always under pressure to find ways to protect their groundbreaking ideas from being stolen by competitors and detractors. That is why they make use of the intellectual property registration system. However, the system offers different degrees of protection and the standards of each type of registration vary and it is easier to get some than others.

The highest form of protection a product can get is a patent, but it can be very complicated and expensive to get which discourages most people from trying. What most people don’t know is that there are some little-known alternative protections that you can register such as a utility model or industrial design.

What is a Utility Model?

A utility model is an exclusive right granted in connection with a technical invention that allows you as the holder to stop others from using it commercially without your authorization. It is usually used for minor and incremental innovations that may not meet the high standard set for patents but are still important steps in innovation. For example, although watches are common and cannot be considered for a patent today, a different type of watch that allows you to make a phone call qualifies for protection as a utility model.

The objectives of awarding patents are closely linked to the objectives of awarding utility models. By giving inventors credit for their inventiveness and the chance to receive financial compensation for their creations, utility models encourage innovation. Since utility models and patents provide different types of protection, one cannot apply for both at the same time. However, during the application process, it is possible to change a patent application into an application for a utility model and vice versa.

What are the differences between a Utility Model and a Patent?

1. Validity period and Renewal

A utility model certification is valid for a period of 10 years after which it expires and cannot be renewed. Patent certifications on the other hand are valid for 20 years and can be renewed.

2. Examination processes

Utility models can be registered within 4 to 6 months after the application has been tendered whilst patents can take up to 2 years due to the rigorous examination process. Utility models provide a quicker path to protection because even though the application goes through strict examination, it is not as thorough as a patent and the standard to be awarded a utility model certificate is generally lower.

3. Costs

An industrial application, inventive step, or novelty of a utility model is not usually assessed before registration which makes the overall costs less.

A utility model must be distinguished from an industrial design. An industrial design is primarily focused on how an invention looks on the outside, and not the method of construction or its primary function. A utility model just like a patent focuses on the construction and functionality of a product.

As a protector of innovation, utility models stimulate ingenuity and, in a sense, compensate inventors, whether they are designing a brand-new device or altering an already-existing invention. Keep in mind that safeguarding your intellectual property, whether through a utility model or a patent, is a calculated decision that can be the decisive step that moves your business to the next level.

The writer is a lawyer and licensed patent agent who specializes in offering legal services to technology companies and people in technology, you can contact him through info@masibolaw.co.ke