1

I have been thinking of submitting a utility model in USA however i want to know what is the difference between utility model and utility patent and if the USPTO has utility model?

2

No, there is no concept of a Utility Model in the U.S. patent system. Many, many other places, Germany, China and Japan, for example, have utility model or petty patents that can have a lower bar for patentablity, a shorter term and often a lower assumption of validity than normal innovation patents. Unlike other places, the U.S. does have Design Patents for the protection of the ornamental aspects of a manufactured product. They have a shorter term than U.S. Utility Patents but are not really analogous to a petty patent since they cover the "look", rather the functioning or structure.

Utility Models are also usually confined to certain areas of technology - typically devices and excluding processes and systems.

  • Just to add a little bit on what you have explained, only devices may be protected by utility models or petty patents. Some countries also allow the protection of compounds. However, methods and, in principle, systems cannot be protected with such industrial property right. – the Europeist Oct 9 at 8:52
  • 1
    thanks - added to answer – George White Oct 9 at 15:44

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.