The invention regular under patent system requires novelty, non-obvious and capable of industrial application. Whereas the invention standard under utility model is lowed to an 'innovative step'. For example an innovation patent can use products or inventions that have already been invented in a new and innovative way to solve a particular challenge.
The following points differentiate in between Patent and Utility Model
Patents
· The invention which has novel, inventive step and industrial application can be protected.
· All new invention or substantial improvement invention can be protected.
· The term of protection is 20 years from the date of filing.
· The expense to obtain and sustain the patent is extremely expensive.
· It requires substantive examination of patent application to validate patentability.
· Longer time [two to five years] is necessary to obtain a patent.
· Patent protection is out there in practically all big countries.
· Patent protection is actively applied.
· Conversion of patent in to utility model is often doable
Utility Model
· The invention which has mainly novelty, but much less or absent in inventive step can be protected.
· All marginal improvement invention can be protected.
· The term of protection is between 7 and 10 years from the date of filing.
· The expense to acquire and sustain it is cheaper.
· It does not demand substantive examination procedure, as it does not demand inventive step.
· To obtain it, requires only less time in the range of 6 months to 1 year.
· Protection is out there only in some countries based on the technologies.
· Protection is less actively used.
· Converting it in to a patent is doable under certain circumstances.
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