Utility Models
Legal Basis
Same as for “Patents of Invention“.
Membership in International Conventions
Same as for “Patents of Invention“.
Protection
Definition: the patent for a model of utility is granted to any new form having an industrial character, configuration or disposition of elements of any artifact, tool, instrument, mechanism or other object; or any part of same, which would allow a better or different operation, utilization or manufacturing of the object incorporated or which gives some use, advantage or technical effect which it did not have before.
Not protectable: procedures and subjects excluded from protection by a patent of invention; sculptures, architectonic works, paintings, engravings, stampings or any other object purely aesthetic in character; processes or procedures; models falling under technical status by the simple fact of attributing them a usage different from that initially covered by the original patent.
Filing requirements: the same as for “patents“.
Priority: one year according to the Paris convention.
Novelty grace period: publication made by the inventor (or his successor in right) within six months prior to the filing of the application (or priority date) shall not destroy the novelty.
Examination: formal and substantive examination. The substantive examination should be requested within three months from the filing date.
Duration of protection: ten years, starting from the date of presentation of its application. Otherwise, all other provisions on patents of invention are also applicable to utility models.