Utility models

A utility model is a technical solution relating to a device.

A device. According to the current patent legislation concerning utility models, "devices" refer to items that either are composed of a single part or consist of two or more parts (details, components) connected by assembly operations, existing in functional and structural unity (assemblies).

Yes, a utility model must be new and applicable in human activities. Additionally, for a successful patent application, certain drafting requirements must be met, such as, among others, providing a convincing justification of the relationship between the essential features of the utility model and the technical result (useful effect) achieved by its manufacture or use.

A patent confirms your exclusive right to the utility model, which includes a monopoly on its use, including production, sale, import, etc., and provides the opportunity to generate additional income by licensing the utility model to third parties. The right can be transferred for temporary use, sold, pledged, inherited, or included in the charter capital.

You can try to keep the information secret, but there is a risk that someone else might patent the same utility model and prohibit you from using it.

You need to compare the alleged infringing product with the patent claims, as they define the scope of protection. In order to ensure appropriate claims drafting and to establish whether an infringement takes place, it is recommended to consult your patent attorney.

10 years.

Generally, a separate patent must be obtained in each country. It should be noted that not all countries allow obtaining utility model patents. For such countries, other forms of protection, such as inventions or industrial designs, can be considered. If patents are needed in several countries, an international application is usually filed. There are also regional patents, such as Eurasian patents, which can be obtained for inventions and industrial designs. However, it should be noted that obtaining a Eurasian patent for a utility model is not provided for.

Initially, it is advisable to send a cease-and-desist letter to the infringer. If they refuse to stop using the utility model, you should consider taking a legal action.

You can negotiate a license to use the utility model. If the patent holder refuses and does not use the utility model themselves, you can compel them to grant a license. In some cases, the patent can be invalidated.

A freedom-to-operate analysis should be conducted by your patent attorney.

First, determine whether infringement actually exists by obtaining an opinion from your patent attorney. It is also worth checking whether the patent in question can be invalidated.