DefinitionA utility model is a title that gives the holder the exclusive rights to exploit the invention it applies to, preventing others from manufacturing, selling or using it without consent.
This is different to a patent as the technical requirement level is lower. Utility model protection only covers product inventions, process inventions are excluded and the duration of protection is shorter.
RightsUtility model registration gives protection for 10 years from the date of application, which is non-extendable. A utility model gives the holder a right of exclusive use and exploitation of the protected invention and allows them to prevent third party commercial use or exploitation. Obligation to work.
Condition of protection
The invention protected by the utility model must be (as the patent) new and involve an inventive step. However, while the state of the art worldwide is taken into account in order to determine novelty and inventive step in the patent, the utility model only takes into account the state of the art in Spain, that is, "all that which before the date of filing of the application for protection has been reported in Spain as a model". Similarly, in connection with the inventive step, it is required that the contents of the invention do not result from the state of the art in a way that is very apparent to an expert in the subject.
Scope of protection
The utility model is a Spanish title. The protection of "minor inventions" is not standardized in Europe; France uses the "certificat d'utilité", the Benelux countries the short-term patent, and so on. Through its extensive network of partners, our agency provides adequate information for your needs abroad.