Utility model
Also called: Petty patent · Topic: International Trade Policy, WTO and Intellectual Property · NCERT: Beyond NCERT
Meaning
A utility model is a patent-like right for small, step-by-step improvements. It lasts for a shorter term than a patent and is easier to obtain. It suits small firms whose improvements may not pass the full patent test of an "inventive step" (being non-obvious). Indian law does not offer utility models. Introducing them has been proposed to help MSMEs.
Example
An Indian MSME makes a small change to a farm tool that makes it easier to handle. The change may not qualify for a patent. In countries that have utility models, it could get quick, shorter protection. In India, there is no such route.
Don't confuse with
- Patent: a patent lasts 20 years from filing and requires novelty, an inventive step and industrial application.
- Industrial design: this protects only how a product looks, not how it works. In India it lasts 10 + 5 years under the Designs Act 2000.
Related concepts
- Intellectual property rights
- TRIPS
- Patent
- Evergreening of patents
- Pre-grant opposition
- Compulsory licensing
- Parallel import
- Data exclusivity
- TRIPS-plus provisions
- Patent pool