Utility Model

What can be protected with a utility model?

A utility model can be used for protecting a technical arrangement implementing the shape or structure of a device or an object or a combination of them, as well as chemical compounds, food or medical products and microbiological inventions, but not a process. The invention shall be novel and industrially applicable and differ distinctly from what is known previously.

What are the differences between a utility model and a patent?

Utility model protection cannot be obtained for processes, whereas they can be protected with a patent.

The requirement of inventive step is lower for utility models than for patents. This is one of the reasons why utility model is also called petty patent. A utility model right can be obtained for an invention that is novel and differs distinctly from what is known previously. In the case of a patent, the invention must differ essentially from what is known previously.

If the inventive step is not high enough for a patent to be granted, the patent application can be converted into a utility model application. The patent application remains pending unless it is explicitly withdrawn.

In Finland a utility model is initially registered for four years, and the registration can be renewed for further four years, and finally for a further period of two years. In other words, the term of protection is in maximum 10 years. A patent generally offers protection for 20 years, provided the annual fees are duly paid till the end of the patent term.

The costs for obtaining and for maintaining a utility model registration are lower than the corresponding costs of a patent.

A utility model becomes available to the public in connection with its registration, which may happen as early as two months from the filing of the application. In case a request is made to postpone the registration, the utility model becomes available to the public after 15 months. A patent application becomes available to the public after 18 months from the filing of the application, or in connection with the grant of a patent, or even earlier on request by the applicant. In an infringement case it may be of value that the invention quickly becomes available to the public and the protection is obtained rapidly.

If the invention's life time appears to be short and it would have a good sale right now but no more after a couple of years, a utility model may be a good choice.

How is a utility model application examined?

As regards a utility model application, the Finnish Patent Office only examines that the application meets the formal requirements. The novelty and inventive step of the application are not examined at all. If an application is formally acceptable, the utility model is entered into the Utility Model Register.

Anyone can request that the registration be declared invalid. In order that the loss of protection should not come as a surprise, the applicant can himself or with the help of a professional carry out a novelty search and an assessment of inventive step before filing the utility model application.

How to invalidate the utility model of a competitor?

Anyone can request a utility model registration to be declared invalid. Filing a claim to declare a utility model registration invalid may be worthwhile examining when the competitor's utility model interferes with your own business.

The claim to declare a utility model registration invalid must be filed in writing with the Finnish National Board of Patents and Registration and it must disclose the grounds why the registration should be declared invalid. An official fee must also be paid in connection with filing the request.

The most common grounds for declaring a utility model registration invalid are lack of novelty and lack of inventive step. Since the NBPR of Finland does not examine the novelty and inventive step of a utility model application, the Utility Model Register may contain registrations that do not meet these requirements. One has to keep in mind, however, that the inventive step requirements are lower for a utility model than for a patent: it is sufficient that the invention differs distinctly from what was known before the filing date.

Why to use a patent attorney?

Patent attorney is an expert in carrying out novelty searches, drafting utility model applications and filing claims to declare the utility model registration invalid. He or she is also capable of advising you in any other questions related to the protection of inventions, patents and utility model rights.