Registration of Other Objects of Intellectual Property
kudakov@7tm.ru
kudakov_and_partners
ICQ:567-142-683, 637-857-355
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Utility Models
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Utility Model
Utility models include the constructive performance of means of production and means of consumption, as well as their component parts.
Legal protection is granted to a utility model if it is new and industrially applicable.
Utility model is considered new, if its essential features are not evident from the technical level.
Technical level includes information (which has become public before the priority date of the utility model) about the means with the same purpose as the claimed utility model, as well as information of their use at the territory of the Russian Federation. In the technical level are included on condition of their earlier priority all applications for inventions and utility models (except revoked), applied and patented at the territory of the Russian Federation.
Utility model is industrially applicable if it can be used in industry, agriculture, healthcare and other industries.
The following objects cannot be registered as a utility model:
- Methods, substances, strains of microorganisms, cultures of plants and animals cells, as well as their application for a new purpose;
- Objects which are not registered as an invention;
- Scientific theories and mathematical methods;
- Methods of economic organization and management;
- Symbols, schedules and rules;
- Methods for performing mental acts;
- Algorithms and programs for computers; (see Computer programs and databases)
- Projects and plans for structures, buildings, territories;
- Design concerning only the appearance of products designed to meet the aesthetic needs;
- Topographies of integrated microcircuits;
- Plant varieties and animal breeds;
- Decisions that are contrary to public interest, humanitarian principles or morality.
There are several advantages of a utility model in comparison with an invention:
1. You do not need to correspond to the so-called inventive level.
2. Registration procedure does not include an examination on the merits.
3. Registration procedure takes approximately 3 months.
The patenting of utility models is widely implemented in all countries where it operates. Particularly this object of industrial property is widely used by Japanese businessmen.
The obtained certificate for the utility model does not protect your product less than an invention patent, but its registration takes 4-5 times less time. But the time of protection is less - only 5 years. But this can be get round if simultaneously with filling the application for the utility model - to fill the one for the invention.
For the investor, without whom today it is hard to do when you deploy a large-scale project, or for the bank, on loans of which you count, if you possess any security certificates (even for a utility model) it is a confirmation of the seriousness of your intentions. It is the additional safeguards guarantee!
Moreover the certificate for the utility model is a perfect decoration for any business plan.