The Civil Code provides that protectable useful models include technical solutions referred to devices. For example, designs of devices, machines and parts, machinery, tools, mechanical devices, etc.
After state registration of utility models and inventions, the authority issues a patent certifying the exclusive rights of the patent holder. Thus, the utility model patent holder has exactly the same legal rights as the invention patent holder. And the basic is the right to authorize or prohibit the use of a patented design by third parties.
When it is reasonable to patent a utility model?
We recommend you to patent your design as a utility model rather than an invention in the following cases:
● Your device does not have significant differences compared to existing designs of the same application allowing to conclude on its inventive step.
That is, the changes (new features, elements) you have introduced to previously known designs may be recognized as explicitly following the prior art (publicly available information) by an ordinary skill in the art, which is contrary to conditions for inventions protection;
● Your technical solution may be referred to both inventions and utility models, but you want to get a patent for it as soon as possible.
For more advice and patenting of your designs as utility models, please contact our experts, who will perform a preliminary analysis of your technical solutions and provide advice on record keeping procedures. We are ready to take on all works to get a patent and minimize your time and organization costs.