A utility model patent is not the same thing as an invention patent. The objective of both is the same: to ensure intellectual property over a technology. However, depending on what is being protected, IpLatam experts will recommend one or another legal model to the customer. What are the grounds for making this decision? That’s what you’ll read in this article!
What is a utility model patent?
The utility model patent is less economically valuable because it starts from something that already exists in the market.
It’s easier to explain using an example. Pick up your smartphone and look closely at the volume button. He is probably a horizontal risk. If you press it to one side, the sound gets louder. If you press in the other direction, the noise decreases. When someone invents a different volume knob, with a different layout or usage, they will secure their intellectual property with a utility model patent. Because this technology – smartphone volume button – already exists! The novelty is just an adaptation.
Therefore, according to the precepts of the legislation, the utility model patent must be applied to objects that are already available or to part of them. It is recommended for innovations that ALTER a pattern, not for those that CREATE a pattern.
What can’t a utility model patent have?
Did you know that patent granting increased 77% in 2018? The numbers are from the National Institute of Industrial Property, the INPI. The trend is for 2019 to continue registering high numbers. Therefore, companies that need to protect their ideas cannot waste time. Waiting is taking risks, it’s standing still while competitors accelerate. Click here and speak to our experts to schedule a meeting.
The utility model patent does not cover a number of situations. Productive processes and methods, for example, must be protected as industrial secrets. New materials, embedded software and sophisticated creations are already ideal for an invention patent.
Another important difference: the invention patent is valid, in Brazil, for two decades. The utility model patent is a little shorter, just 15 years.
Want to learn more about intellectual property?
Then read the other articles on the IpLatam blog. Click here and find out what to do if you discover someone is using your brand. By the way, are you opening your company now and have not registered your name with the INPI? Worse: you have no idea how you’re going to name the business? Click here and read the tips from our experts to define a name that will facilitate your venture’s journey towards success.
If you still have questions, click here. It’s always a pleasure to talk about trademarks and patents!
