Patent and utility model
In our article we will look at another practical question that we encounter very often in the protection of technical solutions: “Do I need a patent or is a utility model enough?”
Although in both cases these are forms of protection of technical solutions, the difference between them is significant. It concerns in particular the scope of protection, the difficulty and speed of acquisition, legal certainty and costs.
What does a patent protect and what about a utility model?
To begin with, it should be mentioned that both forms of protection of technical solutions are strictly territorialsince the effects of legal protection are limited to the territory of the State or States in which the patent was granted and the utility model registered.
This principle significantly affects business strategies of multinationalsque precisamos de considerar in which jurisdictions the protection is economically efficient and strategically significant for them.
Patent protects new technical solutionwhich it represents A real technical benefitand undergoes an examination procedure by the registry office. For example, it can be a new substance, a new manufacturing process, a technical solution or a new way of operating a device. Patent protection is therefore used in particular for more technologically significant innovations, where strong and long-term legal protection is important.
Utility model, often referred to as a “small patent”,It is particularly suitable for practical technical solutions or design improvements to existing products. These are mainly trade unions, where their rapid development or change is assumed. Typically, these are situations where a company does not need protection for a breakthrough technical invention, but wants to quickly protect a technical improvement that has practical use in the market.
At the same time, not all legal systems know the utility model as an institute, and their legislation varies considerably from country to country. In some countries, even utility model protection does not exist at all. Indeed, within the European area, the conditions of protection, the scope of the survey and the very functioning of the protection system in the form of a utility model may differ. Therefore, the individual specifics of this institute are based in our article exclusively from the legislation of the Slovak Republic.
At the same time, it should be added that not all technical solutions that can be protected by a patent can also be protected by a utility model. Utilitarian model it is not possible, for example, to protect the production methods of chemical substances, pharmaceuticals, and solutions related to data processing for administrative purposes.
Which form of protection is more difficult to obtain?
A patent is generally more difficult to obtain than a utility modelbecause it is subject to considerably stricter and more detailed examination by the Patent Office. As we mentioned in our previous article, in order to obtain patent protection, an invention must meet three basic legal conditions: novelty, inventive activity and industrial applicability.
The Patent Office examines these conditions in detail in the course of a substantive examination, where it assesses in particular whether the solution is not “obvious” to an expert in the field and whether it meets the required level of inventive activity. Patent proceedings are more time-consuming and administratively demanding. In practice, it can last for several years, and often requires active communication with the registry office.
With the utility model, the situation is slightly different. Here, too, it is necessary to meet the legal conditions (novelty, inventive activity and industrial applicability), but in the Slovak legal system the scope of the survey by the registry office is significantly more benevolent. The procedure is faster, and in simpler cases the utility model can be registered within a few months.
Difference from the point of view of the level of technical creativity of solutions
A patent is generally regarded as A stronger form of legal protectionrather than a utility model. This is mainly due to the fact that it undergoes a more rigorous and thorough expert examination by the Office. The result is greater legal certainty. Although a patent can be challenged or revoked, in practice this process is usually more difficult.
On the contrary, the utility model represents a simpler and faster way of protection in our legal system, but provides a lower degree of legal certainty. It does not undergo as detailed examination as a patent, and precisely because of this, its validity may be more easily questioned in the future (for example, the reason for the lack of novelty).
How long does protection last?
Patent protection can last up to 20 yearsfrom the submission of the application, subject to the regular payment of maintenance fees.
Utility modelIt is protected in Slovakia shorter. The basic term of protection is 4 years, while its validity can be extended twice, each for an additional 3 years, thus achieving a maximum protection period of 10 years.
Patent or utility model — what to choose?
There is no universally correct answer. The choice between patent and utility model depends in particular on the nature of the technical solution and on the level of legal certainty.
In practice, the patent is used primarily for technically demanding and high-value innovations, where strong and long-term legal protection is key. These are solutions with significant commercial potential, for which it is important to minimize the risk of copying them and ensure a stable position in the market.
Although a patent is more financially demanding, its economic benefit can contribute to payback in the long runfrom investments through higher sales, income from licensing agreements, strengthening the market position and the company's negotiating position vis-à-vis investors.
The utility model, on the other hand, is a practicalsolution for simpler technical solutions or improvements. It is especially useful in situations where there is a need React quickly to the market, also at the cost of lower legal certainty and shorter periods of protection.
In practice, we often meetwith a combination of both forms of protection.
Both the patent and the utility model can have significant commercial and strategic importance, as they provide the owner with a “protected position” in the market and at the same time the possibility of licensing the solution in the form of their validity to third parties.
Properly set intellectual property protection strategyit can have a significant impact on the company's position on the market, its competitive advantage and its negotiating position vis-à-vis investors.