When considering intellectual property protection, many are faced with the decision of whether to use the utility model or patent system. Both systems protect inventions legally, but they differ significantly in terms of the scope of protection, eligibility criteria, and practical use. Recently, with the decreasing practical benefits of utility models, patent applications are being viewed as a more favorable strategy. In this article, we will explain the definitions, key differences, and how to utilize utility models and patents effectively.
Definitions and Purposes of Utility Models and Patents
A Utility Model is a system designed to protect inventions that are improvements on existing technologies. It was originally used by small businesses and individual inventors as a relatively quick way to secure rights. The protection covers concrete items like machines and devices, with a protection period of 10 years from the application date.
In contrast, a Patent is a system that protects highly advanced technologies, covering not only items but also methods, systems, software, artificial intelligence, and biotechnology. The protection period lasts 20 years from the application date and plays a significant role in securing technological competitiveness and promoting national industrial development.
Key Differences Between Utility Models and Patents
Both systems protect new technologies and allow for legal action in cases of infringement, but the following differences are crucial in practice:
- Scope of Protection: Utility models are limited to items such as machines and devices, while patents can cover a wide range of technologies, including methods, software, and biotechnology.
- Protection Period: The protection period for utility models is 10 years, while patents offer 20 years of protection.
- Examination Process: Historically, utility models used a registration system, but now they follow an examination-based registration process similar to patents, reducing their practical benefits.
- Technological Complexity: Utility models allow for lower-level improvements and are suitable for simpler inventions, while patents require more advanced technologies.
- Government Support: Utility models often do not provide additional points in government support programs, while patents are usually considered a significant factor for gaining points in these programs.
Reasons to Recommend Patents
In practice, most clients are advised to pursue patent applications rather than utility models. Here’s why:
- Patents can earn additional points in government support programs, increasing their usefulness.
- The scope of protection is much broader, and patents can be applied across a wide range of technologies.
- Patents are advantageous for practical business expansion, such as investment attraction, technology transfer, and company valuation.
- The filing costs for utility models and patents are similar, but patents offer more benefits in the long run.
Utility Models Can Still Be Useful
That said, it’s not always the case that patents are the better choice. In some cases, such as inventions focused on product structure or simple improvements, a utility model may be more appropriate. If a client needs a utility model, we assess their situation and provide optimal strategies. We also offer thorough support in filing and registering utility models.
The Importance of Choosing the Right Strategy for Intellectual Property
Choosing between a utility model and a patent should be based on a comprehensive assessment of the invention’s nature, business plans, and participation in government support programs. Rather than focusing solely on cost differences, it’s important to make a decision based on the scope of protection and practical benefits.
You can find more detailed explanations, comparison tables, and practical tips in the full blog post below.
