KIYOHARA & CO., PATENT ATTORNEYS
Utility
OSAKAbKIYOHARA & CO., PATENT ATTORNEYS@-@Entrust us for Intellectual Property including Patent, Utility Model, Design Patent, and Tradeamrk

Utility Model

1.      What's Utility Model right?
2.      Flow Chart from Filing Application to be Granted of Utility Model
3.      Differences between Utility Model Law and Patent Law
4.      Exercise of Utility Model Right
5.      Q&A
6.      Flow Chart of Procedure of Our Firm




1.What is Utility Model Right?

Utility model right is to protect a device (small invention)
Owner of utility model right can enforce his/her exclusive right for a decade from the application date.



Here are some differences in objects to be protected between Utility Model law and Patent law.


1).      Utility Model right protects objects without highly advanced level.

In contrast, it is necessary for objects to be highly advanced if you would like to obtain Patent right.

2).      Objects have to have shape or structures.

For example, a computer program and a method, which do not have any shape or physical structure, will not be protected under Utility Model law while they can be done by Patent right.




3. Differences between Utility Model Law and Patent Law

Utility Model Law

Patent Law

Protective Objection

Shape, Structure or Combination of these

Object including a computer program, method and method for producing object

Drawings

Mandatory

Mandatory

Lead Time for Registration

About 4 to 6 months

About 2 to 3 years

Level of Creation

Low

High

Request for Examination

None

Necessary

Period for Duration of Righ

10 years from application date

20 years from application date

Extension of period of right

Not possible

Possible for pharmaceutical invention

Registration Fee Payment

At the same time as application

After decision of patent is delivered

Warning when exercising a right

Mandatory

(with Registrability Report)

Not mandatory

Responsibility when exercising a right to a infringer

A right holder must be liable for payment of damages when the utility model right becomes invalid.

A right holder is not liable for payment of damages when the patent right becomes invalid.



4.Exercise of Utility Model Right

All Utility Model application will be registered after a formality examination without a substantive examination even if the Utility Model invention is not novel or innovative.

To avoid enforcement of Utility Model right resulting from such invention, Utility Model law requires applicants to prepare gRegistrability Reporth when they exercise their right. This report helps you to estimate a validity of utility model (under examination of after registered) and to see whether the Utility Model right is novel or innovative.

If the report shows that the right has no validity, applicants will be given an opportunity to amend the Utility Model right within 2 months from the date receiving the report. When the right with no validity is exercised by the right holder, they are required for payment of damages. This results from that all Utility Model application will be registered even if they are not novel or innovative.

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