The cp is a second-tier patent --- not a patent
Suthersanan ‘18
(Dr. Uma Suthersanen, Chair in International Intellectual Property Law, Centre for Commercial Law Studies, Queen Mary, University of London, United Kingdom“Utility models: Do they really serve national innovation strategies?,” pg online @ https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3139963 //pa-ef)
A quick summation of the law should start by noting that the term ‘utility model’ has morphed, over the years, into a generic term referring to a second-tier patent system which offers cheaper protection to subject-matter that hinges between patent and sui generis design laws. It is ostensibly a registered intellectual property right which confers exclusive protection for a technical invention. It resembles a patent in that the invention must be new and should display a measure of inventive achievement. Unlike patents however, utility models are often granted without prior examination to establish novelty and/or inventive step. Whilst protection can be obtained more rapidly and cheaply, it will also be commensurately less secure. There is no universal nomenclature to this type of hybrid right. Australian law, for example, has alternatively referred to them as ‘petty patents’, and then as ‘innovation patents’.4 They are called ‘utility innovations’ in Malaysia, ‘utility certificates’ in France, ‘short-term patent’ in Belgium, although the prevailing term remains ‘utility models’ as used in Germany and China. International instruments refer to them synonymously as utility certificates, utility models, and utility certificates of addition.5 Some systems define utility models as incorporeal subject matter including technical concepts or inventions or devices; while others anchor their definitions to three-dimensional forms and exclude plants, methods, biological and pharmaceutical products. A few countries offer second tier protection which adopt normal patent thresholds but without prior examination and for a shorter durations.