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Industrial Property Office |
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Industrial Property Office |
UTILITY MODEL REGISTRATION
Patent protection does not necessarily have to be the unique best way to protect technical solution. So called utility model protection may be more appropriate for the subject-matter of the lower inventive level or less economically important, being simpler, faster and less costly. Utility models are new technical solutions susceptible of industrial applieation, exceeding the com mon technical skill. As follows from above stated, utility model protection assumptions are different from the patent procedure by the inventive level. Anyhow all the production processes or work activities and biological reproduction materials are excluded from the utility model protection. As to the right to be protected by the utility model, the application requirements of the utility model are analogical to those of patent application. The procedure of the utility models applications represent the major difference. The procedure is based here on so called registration principle, e.g. the Office examineines if the basic conditions are fulfiled and shall record the utility model in the Register without any examination on novelty and creative level, whether it falls under the protection. As opposed to patent protection the registration of utility model can be carried out very fast, usually after three up to four months after the filing of an application. Under certain circumstances a utility model application can branche off the original patent application maintaining its original priority. The protection time of utility model lasts but four years though, but if requested by the owner it may be twice extended in each case for another three years. The maximum validity term of the utility model is 10 years than. As compared with the patent we can observe this protection is not appropriate in cases, when the protected object should be used in more remote future. On the other hand it suits perfectly the object with the shorter life, as the effects of utility model registration are equal to those of patent. But as the utility model is recorded in the register without novelty and inventive level examination, its monopoly is much more fragile compared with patent and the safety of his owner's position is lower. The fees for the utility model on the other hand are lower at orders.
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