USEFUL MODEL PATENT
Utility model is defined as the result of human intellectual activity in any field of technology.
The object of a utility model can be:
– product (device, substance, strain of microorganism, cell culture of plants and animals);
– process (method) as well as new application of known product or process.
A utility model patent is issued under the responsibility of the applicant, ie the applicant declares compliance of the utility model with the conditions of patentability. This means that Ukrpatent only checks the patent application on formal grounds – whether the submitted application meets the requirements of the law. Ukrpatent does not verify the claimed object (device, process, etc.) for patentability.
Utility model patentability, or not verified by Ukrpatent when granting a patent
A utility model is eligible for patentability if it is new and industrially applicable (paragraph 2 of Article 7 of the Law of Ukraine “On Protection of Rights to Inventions and Utility Models”).
The new model is recognized as a utility that is not part of the prior art. The prior art includes all information that has become publicly available prior to the date of patent application (priority). That is, a utility model should not be substantially similar to other patents, encyclopedia information, the Internet, well-known products, methods, and the like.
The utility model patent is valid only in the territory of Ukraine, but the novelty is checked for evidence of use, patents both in Ukraine and abroad.
The utility of a utility model is the ability to actually use a patent object in an industry or other business. That is, the object of patenting must be such that it can be implemented and obtain the claimed result (to design a device, use a method, etc.).
When analyzing patents for utility models, it turns out that some of them do not meet the conditions for granting legal protection. For the most part, this is a lack of novelty and evidence of the use of a “patented” product or method in the world for a long time.
However, since the patent is granted and the patent is valid, the owner has the right to prohibit the use of the patented object. In addition, according to the case law, one counterfeit product – displaces one original product from the market, which is the basis for establishing and recovering damages. In the case of a claim, a claim from the patent owner (or his representative) demanding that the production of a particular product be discontinued, damages incurred, a contract concluded, etc. – first of all, I recommend analyzing the patentability of the object.
Author: Anatoliy Perepelchenko