Utility Models ("Petty Patents")

Where available, Utility Model protection is similar to patent protection, but generally lasts for no more than 10 years from filing. However, the procedures usually involve only minimal examination so applications are almost automatically granted by the responsible registration authority (the national Patent Office), so the costs can be significantly lower than for a patent. Utility Models are not presently available in the UK, but the European Commission has published a proposal for a Directive which would require all EU Member States to introduce Utility Model systems.

Utility Model protection may only apply to particular forms of invention (e.g. mechanical/electrical) and may be more limited in scope than a patent.

A Utility Model application would typically be filed in relevant jurisdictions within 12 months of a basic UK patent application.

Advantages: May not require as much of an inventive step as would be required for a patent - a Utility Model may be granted for an invention where a Patent would be refused if the invention is relatively obvious in the light of what is already available. Quicker and cheaper to obtain than a patent.

Disadvantages: Not available in all jurisdictions. Not generally applicable to all forms of invention. May be restricted in scope. May require commissioning search and examination before litigation. Frequently perceived as a relatively "weak" form of protection.

Costs:Vary from country to country, but lower than for a patent.

Marking: (Country) Utility Model (Application) No.