https://doi.org/10.1093/oso/9780192844477.001.0001, pg. Lexis, ALB]

The term ‘utility model’ is used by the World Intellectual Property Organization (WIPO) to indicate a type of exclusive right granted (or registered) on an invention which is ‘different’ from patents.1 The concept goes under different names in different countries, but there are common elements:

The requirements for filing and registering a utility model are generally less stringent than for patents. While the requirement of ‘novelty’ is always to be met for both patents and utility models, the requirement of ‘inventive step’ or ‘non-obviousness’ may be much lower or absent altogether.

The term of protection for utility models is generally shorter than for patents and varies from country to country (usually between seven and ten years2 without the possibility of extension or renewal beyond that date).

In most countries where utility model protection is available, patent offices do not examine applications as to substance prior to registration. This means that the registration process is often significantly simpler and faster, taking, for example, as little as six months.

Utility models are much cheaper to obtain and to maintain.

In some countries, utility model protection can only be obtained for certain fields of technology and only for products but not for processes.3

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As WIPO comments, utility model protection is generally considered suitable for ‘protecting inventions small improvements to, and adaptations of, existing products or that have a short commercial life’.4