Patent for utility model
Utility Model -
a technical solution in any area related to a device (the Article 1351 of the Civil Code of the Russian Federation).
A utility model is granted legal protection if it has:
— novelty (unknown from the prior art);
— industrial applicability (can be used in industry, agriculture, healthcare, other sectors of the economy or in the social sphere).
The difference between a utility model and an invention is in the absence of the need for an inventive step, i.e. non-obviousness of the technical solution from the prior art. This allows to get a patent for a wider range of technical solutions than in the case of a patent for an invention. Another advantage of the utility model is the less stringent requirements for the examination and, accordingly, the shorter time for examination of the application by Rospatent.
DO NOT receive legal protection as a utility model:
— discoveries,
— scientific theories,
— mathematical methods,
— decisions relating only to the appearance of products,
— rules and methods of games, intellectual or economic activities
— computer programs,
— plant varieties, animal breeds.
The right to a utility model arises upon its state registration with Rospatent. The document confirming the right to the utility model is a patent certificate. The utility model patent is valid for 10 years.
The procedure for obtaining a patent for an invention:
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