The petty patent: more than just a stopgap
The thorough preparation of a utility model application requires just as much time and effort as the preparation of a patent application. The maximum term of a utility model is, however, significantly shorter (in Germany it is a maximum of 10 years).
In addition, utility models cannot be obtained in all countries (though they can, for example, in AU, AT, BR, CN, CZ, DK, FI, FR, DE, GR, HU, IT, JP, PL, PT, KR, RU, ES, TW, TR), and many countries do not permit process claims in utility models.
So, are there only disadvantages? Not at all:
For some products, patent protection for a maximum of 20 years, which is a very long time, is unnecessary. In those cases, a utility model may be able to provide adequate cover for the short life cycle of a product at a reasonable cost: in most countries, utility models are not subject to substantive examination, which keeps down the costs of the registration procedure.
Utility models can even represent the last opportunity to obtain any protection at all: in contrast to patents in the territory subject to European law, for utility models grace periods are often available (for example, 6 months in Germany). Thus, a legally valid utility model can still be obtained even though the invention has already been made public.
In addition, the registration procedure is quick and simple. If an enforceable property right is needed quickly, splitting off a utility model from a patent application which is pending in parallel can substantially increase the pressure on an infringer.
In any event, for us, making sure that utility models are not simply ignored in strategic considerations, just because they are property rights that are not substantively examined, is also part of: