invention of the standard patent system requires a new, non-obvious and capable of industrial application. While the invention of the standard utility model lowed to 'innovative step'. For example, patent innovation may use products or inventions that have been invented in new and innovative ways to solve a particular problem.
The following points differentiate between patent and utility model
Patents
° the invention that is novel, inventive step and industrial application can be protected.
· All new invention or significant improvement of the invention can be protected.
° The term of protection is 20 years from the date of filing.
° the costs for obtaining and maintaining patent is very expensive.
· It requires a complete examination of a patent application for verification of patentability.
° for a long time [2-5 years] shall obtain a patent.
° patent protection is available in almost all major countries.
° patent protection for active use.
° Conversion in utility model patent is always possible
Utility Model
° the invention, which is mostly new, but smaller or absent in the inventive step can be protected.
· All the marginal improvement of the invention can be protected.
° The term of protection is between 7 and 10 years from the date of filing.
° the costs for obtaining and maintaining it is cheaper.
· It does not require substantive examination procedure, it does not require an inventive step.
· To obtain this, only requires less time ranging from 6 months to 1 year.
· Protection is only available in certain countries based on the technology.
· The protection is less actively used.
° turn it into a patent is possible under certain circumstances.
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