Utility Model

Also known as: Petty Patent, Small Patent, Utility Model Certificate, Faydalı Model, IP Law Article 142

In short

An industrial property right granted for new and industrially applicable inventions without requiring an inventive step, providing ten years of protection; also known as a "petty patent".

A utility model is a simpler and faster form of protection than a patent. Under IPL Article 142, inventions that are new and industrially applicable are protected by utility models. The key difference from a patent is that no inventive step is required, which makes utility models suitable for practical, incremental technical improvements to existing products.

Differences from Patents

Requirements: Only novelty and industrial applicability.
Term: Ten years from the filing date (twenty for patents).
Examination: A search report is issued, but there is no substantive examination as for patents. Third parties may submit observations after the report is published.
Excluded subject matter: Chemical and biological substances and processes, pharmaceuticals, and processes and products obtained directly by them.

When to Choose It

When the product life is short and fast market entry matters
When it is doubtful whether the invention meets the inventive step requirement
When lower-cost protection is sought

Caution

Because examination is limited, the validity of a utility model is easier to challenge. Before suing on a utility model, it is advisable to assess whether its novelty is solid. A patent application can be converted into a utility model application before grant. For general information see Patent.

Frequently Asked Questions

Should I choose a utility model or a patent?

For inventions with a short product life and limited technical contribution, a utility model is a faster and cheaper route. For inventions with a significant technical contribution, a long life or a need for protection abroad, a patent is usually more suitable.

Can a process be protected by a utility model?

No. Chemical and biological substances and processes, pharmaceuticals, and processes together with the products obtained directly by them cannot be protected by utility models (IPL Article 142(3)).

← Glossary A–Z