Utility Model
Teknik bir soruna getirilen teknik iyileştirmelerin hepsi faydalı modele konu olabilmektedir. Faydalı modelde patent den farklı olarak buluş basamağı kriteri aranmaz. Yeni ve sanayiye uygulanabilir olması yeterlidir. Kimyasallar ve yöntemler/prosesler faydalı model ile korunmaz. Patent olarak değerlendirilmelidir.
What are the criteria for a utility model?
- Innovation
Known state of the art
- Applicability to industry
An invention is considered to be applicable to industry if it can be produced or used in any branch of industry, including agriculture.
How many years is the utility model protected?
Utility Models are protected for 10 years provided that annual renewal fees are paid. At the end of this period, they become public property.
Importance of Utility Model Registration?
Legal protection
A patent gives the registrant monopoly rights for a certain period of time and allows them to generate income through licensing and selling. In other words, when you register an invention, you prevent others from gaining unfair profit by using this invention. You also have the right to take legal action in case of patent infringement.
What cannot be protected with a Utility Model?
- Inventions relating to chemical and biological substances or chemical and biological processes or products obtained as a result of such processes.
- Inventions relating to pharmaceutical substances or pharmaceutical procedures or products obtained as a result of such procedures
- Biotechnological breakthroughs
- Inventions relating to procedures or products obtained as a result of such procedures
Differences Between Patent and Utility Model
- No inventive step criterion is required for utility model registration. There is no examination.
- In patent registration, both exceeding the state of the art and the inventive step requirement are sought. In other words, all research and examination processes must be completed.
- Utility Model is made without examining the inventive step criterion.
- If it is a patent, it is investigated whether the invention is new or not by organizing research and examination reports in research institutions with international patent database determined by TPI.
- The registration procedure of the Utility Model is shorter than the patent. (Between 15/18 months) The registration procedure of the Patent Certificate is approximately 3 years. For this reason, the registration cost of the utility model is less than the patent.
- The utility model is not granted “Additional Utility Model” as in patents.
- While the protection period of the Utility Model is 10 years, the protection period of Patent Registration is 20 years.
