Utility Models

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How to convert a PCT patent application into utility model

A matter arising quite often in patent applicants through the Patent Cooperation Treaty (PCT) is whether they can transform their current patent application into a utility model.

WHEN CONVERTING THE PATENT INTO UTILITY MODEL?

This change in registration category generally arise after receiving the International Search Report informing of possible difficulties in the further processing.

In order to clarify the concept, I leave the following simplified diagram of the process of a patent by the PCT system:

PCT patent

As it is shown, from the ninth month the designated office will issue the result of the International Search Report (IBI). This outcome is not binding because the national/regional offices will be the responsible for carry out the possible objections in view of the report; anyway IBI gives a good orientation of what can be found later.

It is also possible to modify the set of claims about the current application and submit them together with a series of observations trying to save the objections found in the IBI, and even submit them again to review and examination. 

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2019-04-19T06:20:18+00:00Categories: Patents, Utility Models|Tags: , |

Utility models: essential notions and countries in which can be registered

¨Utility models are especially recommended for small and medium companies which, in practice, make “minor” improvements to existing products or adapting those products to new needs.”

One of the most frequent questions that we face in protecting inventions is about the protection of utility models and the countries in which they can be registered.

Utility models are a registration category that does not exist in all countries and is an exclusive right granted for an invention. It allows the right holder to prevent third parties from commercially using the protected invention, with no permission, for a limited period of time.

A utility model is similar to a patent, so sometimes they are also called “petty patents” or “innovation patents”. Although, logically, they have their differences: Differences between utility model and patent of inventions. 

Countries in which exists utility models:

Armenia, Australia, Austria, Belarus, Belgium, Brazil, Bulgaria, China, Chile, Denmark, Estonia, Ethiopia, the Russian Federation, Finland, France, Georgia, Germany, Greece, Hungary, Ireland, Italy, Japan, Kazakhstan, Kenya, Kyrgyzstan, Malaysia, Netherlands, Poland, Portugal, Czech Republic, Republic of Korea, Republic of Moldova, Tajikistan, Trinidad and Tobago, Turkey, Ukraine, and Uzbekistan.

We highlight independently those of Hispanic speech: Argentina, Colombia, Costa Rica, Guatemala, Mexico, Peru, Spain and Uruguay.

And also those belonging to the African Regional Industrial Property Organization (ARIPO): Botswana, Lesotho, Liberia, Malawi, Namibia, Swaziland, Tanzania, Uganda, Zimbabwe.

And the 16 countries belonging to the African Intellectual Property Organization (OAPI): Benin, Burkina Faso, Cameroon, Central African Republic, Congo, Côte d’Ivoire, Gabon, Guinea, Equatorial Guinea, Mali, Mauritania, Niger, Guinea Bissau, Senegal, Chad, Togo.

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2019-04-19T06:20:32+00:00Categories: Utility Models|Tags: |