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Utility Model

What are the requirements for registration of a Utility Model?

A&JPatent 2016.06.30 09:34 Views: 1,635
Requirements for registration of a Utility Model

It is fully consistent with, or largely applies mutatis mutandis, the Patent Act, and shares the same institutional purpose in that it protects inventions, which are the subject of patents, and creations of technical ideas. That is, the requirements for registration of a Utility Model are, like those of a Patent, prescribed as industrial applicability, novelty, and inventive step. However, with respect to the inventive step requirement for registration, under the Utility Model Act there is no need for the device to be of a high level compared to prior art; it is sufficient that it falls within the range of the speed of technological progress as of the time of filing. In addition, "process inventions and substance inventions" prescribed by the Patent Act do not fall within the scope of protection of a Utility Model device, and therefore cannot be registered as a Utility Model.


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