UTILITY MODEL

UM

Utility models are known as minor inventions and consist of giving an object or product a configuration, structure, or composition that results in some advantage for its use or manufacturing [utensils, instruments, tools, devices, apparatuses].

Excluded from the utility model are:(i) everything that is not patentable, such as procedures for human cloning or the use of embryos for industrial and commercial purposes, (ii)
process inventions, and (iii) inventions related to biological material, as well as pharmaceutical substances and compositions.

Industrial inventions protect a technical rule, in contrast to industrial design, which is a creation of form or aesthetics.

Requirements

  • An invention is novel cuando no when it is not included in the state of the art worldwide.
  • An invention involves inventive activity if it is not obvious to someone skilled in the field based on the state of the art worldwide.
  • An invention is industrially applicable when its subject can be manufactured or used in any kind of industry, including agriculture.

The scope of protection conferred by the utility model is determined by the claims set out in the title. The description and drawings are used to interpret the claims.

The holder of the utility model is required to exploit it either personally or through an authorized third party. Failure to do so may result in the cancellation of the registration.

Utility models can be subject to assignment and licensing.

Registration

The right to register a utility model belongs to the inventor or inventors.

A company can apply for the registration of a utility model, but must include the name(s) of the inventor(s).

Employee inventions are registered in the name of the company.

The protection of a utility model is always territorial.

The duration of the utility model registration is ten years, non-renewable.

The registration of a utility model is subject to the general registration principles of (i) publicity, (ii) opposition from third parties, (iii) qualification and registration closure, and (iv) successive tract in the transmission.

The registration procedure includes a merely formal, non-substantive examination of novelty and inventive activity.

However, before initiating legal proceedings, a State of the Art Report must be prepared. This report contains all necessary documentation obtained from previous records or technical publications worldwide to assess the novelty and inventive activity of the invention.

Absolute nullity of the registration is anticipated in certain cases.

Effects of Registration

The registration of the utility model entitles its holder to prevent unauthorized use of the invention by third parties and, in particular:

  • The manufacturing, offering, placing on the market, use of a product covered by the utility model, or its importation.

Legal Regime.

  • Spain: Law 24/2015, of July 24, on Patents.

Protect your utility model with all the guarantees