Utility model application (small patent or formerly also improvement proposal)
JUDr. Jakub Vozáb, PhD. 13.10.2020
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What is a utility model. It is a technical solution that goes beyond mere skill, but may not achieve the quality of a revolutionary invention. It is sufficient if the technical solution within the utility model is new and industrially usable, ie it can be used commercially. The conditions for the protection of a utility model differ from patent protection only in the requirement for the level of the solution. The fundamental difference compared to patents for inventions, however, is that a utility model cannot protect production processes, but only the technical solution itself.
The utility model application procedure here is based on the registration principle, where the Industrial Property Office examines only the fulfillment of formal conditions for registration of a utility model and does not deal in depth with the novelty or creative level of the technical solution. The procedure for the registration of a utility model is thus usually completed three to four months after the filing of the application.
Within the utility model application, great attention must be paid to the preparation of so-called utility model applications, because the documents have fixed formal rules for all parts of the documents, which are: description of the area and state of the art, the essence of the technical solution, industrial applicability, protection requirements, list of reference marks and drawings themselves.
The documents of the utility model application are based on the documents of the application of the invention, only they are slightly less extensive. However, the formal rules are analogous and for the layman in this legal and administrative area, the preparation of documents may mean more or less difficulties, and may lead to unsolvable situations where the applicant is unable to comply with the comments of the Industrial Property Office.
In such a case, it is necessary to be patient and, if necessary, seek the help of an expert, so that the right to protection is not lost for purely procedural reasons.
Details are then regulated by the INSTRUCTION OF THE CHAIRMAN OF THE OFFICE OF INDUSTRIAL PROPERTY File no .: 2020 / D20085979 / 10 / IPO of 8 September 2020 laying down the standard of modification of the application for an invention, application for a supplementary protection certificate for medicinal products and plant protection products utility model and translation of the European patent application and the European patent with effects for the Czech Republic.