Utility Models

– Same as for “Patents of Invention“.

Membership in International Conventions

– Same as for “Patents of Invention“.

Registration and Protection

Definition: according to the law, a utility model constitutes every shape, configuration or layout of elements of any appliance, tool, instrument, mechanism or other object, or of any part thereof, which allows a better or different operation, use or manufacture of the object to which it is embodied, or affords to any utility, advantage or technical effect, it did not have before.

Condition of protection: new utility models, susceptible of industrial use, are registrable.

Exception to protection: the procedures; chemical substances or compositions, metallurgical or of any other nature; inventions whose object is living matter; matter excluded from the protection by patents of invention pursuant to the Panamanian Laws and Decrees; utility models which present minor differences regarding prior inventions or utility models; utility models contrary to the law, public order and ethics, as well as all the ones submitted for registration before DIGERPI, by a person who is not its legitimate creator or assignee.

Filing requirements: the same provisions as for “patents of invention” shall be applied, whenever appropriate, to the process for the registration of a utility model.

Duration: ten years, not renewable, counted from the date of filing.

Annuities: fees established by the law are payable every five years to keep the utility model in force. Failure to pay such fees will entail the utility model to lapse.

Assignment: the rights arising from a utility model may be totally or partially assigned or transferred under the terms and conditions established by the common legislation. The assignment or transfer of rights must be recorded at DIGERPI in order to be effective against third parties.

License agreements: the owner of the utility model may grant a license agreement for the working thereof (see “patents” above).

Working: same as for “Patents“.

Opposition: upon request of an interested third party, and previous hearing of the owner, the commercial court will declare the nullification of a utility model in any of the following cases: see “Patents, Section 6.” above. The nullification action shall be barred within five years from the date of grant of the utility model, unless same had been obtained in bad faith. DIGERPI will declare the nullification when a judicial judgment has been rendered to that effect.

Infringement and penalties: same as for “Patents“.