What is a utility model?

The utility model is basically a small patent, that can be acquired for lower costs, in shorter time and even with more simple inventions, that would not meet the requirements of a patent. Defining the same more professionally: the utility model protection provides legal protection for the new technical solutions not reaching the level of a patentable invention (for example do not involve an inventive step). The owner of a utility model protection has the exclusive right to exploit the utility model or to license another person to exploit it.

The term of utility model protection is shorter than the term of a patent and is usually a maximum 7-10 years. As patents, utility models need to be maintained as well, by paying renewal fees. The main benefit of filing a utility model is that most countries having utility model do not conduct substantive examination and merely grant the utility model after checking that utility model applications comply with formalities. However, most laws require that the invention be new.

Protection is not automatic. You have to file an application describing the invention in technical terms and in a form that meets certain requirements. The first step is usually to file your application to a national patent office.

Patenting can be an expensive business. As with any investment, the risks and benefits need to be weighed up carefully. However, patenting is advisable in any country where an invention can be expected to yield significant economic benefits.

The utility model is basically a small patent, that can be acquired for lower costs, in shorter time and even with more simple inventions, that would not meet the requirements of a patent. Defining the same more professionally: the utility model protection provides a legal protection for the new technical solutions not reaching the level of a patentable invention (for example do not involve an inventive step). The owner of a utility model protection has the exclusive right to exploit the utility model or to license another person to exploit it.

The term of utility model protection is shorter than the term of a patent, and is usually maximum 7-10 years. As patents, utility models need to be maintained as well, by paying renewal fees. The main benefit of filing a utility model is that most countries having utility model do not conduct substantive examination and merely grant the utility model after checking that utility model applications comply with formalities. However, most laws require that the invention be new.

Protection is not automatic. You have to file an application describing the invention in technical terms and in a form that meets certain requirements. The first step is usually to file your application to a national patent office.

UTILITY MODEL APPLICATION - where can utility models be filed?

Be informed that not all national patent offices have the option to apply for a utility model. Currently, the countries having utility model law are the followings: Albania, Angola, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan, Belarus, Belize, Brazil, Bolivia, Bulgaria, Chile, China (including Hong Kong and Macau), Colombia, Costa Rica, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Greece, Guatemala, Honduras, Hungary, Indonesia, Ireland, Italy, Japan, Kazakhstan, Kuwait, Kyrgyzstan, Laos, Malaysia, Mexico, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Russian Federation, Slovakia, Spain, Taiwan, Tajikistan, Trinidad & Tobago, Turkey, Ukraine, Uruguay and Uzbekistan.

In some of the above countries it is also possible to obtain a valid utility model protection through the PCT procedure. Where the national laws allow, you may file a utility model in the PCT national phase, instead of filing a patent application. This can make sense, if the search report drawn up in the international phase contains more unfavorable documents (usually marked with X or Y).

Before applying for a protection, it is advisable to carry out a prior art search, to find out if your invention is new.

When you already have a drafted patent application, the first step is usually to file your application to a national patent office, to the European Patent Office or to file a PCT application. With the filing, the long process to obtain a granted patent starts, and usually lasts for about 2-3 years. During this application process the patent offices examine if your invention is patentable.

hungarian utility model

The term of utility model protection in Hungary is 10 years, then the utility model becomes part of the public domain.

You may obtain a utility model by filing it directly to the Hungarian Intellectual Property Office. Please note that foreign applicants have to be represented by an authorized representative residing in Hungary. In case of obligatory representation, only an attorney or a patent attorney is entitled to perform it. In Hungary, it is also possible to obtain a valid utility model protection through an international application within the frame of Patent Cooperation Treaty (PCT).

Procedure
The Hungarian Intellectual Property Office carries out formal and substantive examinations in the course of the procedure, but the examination does not cover the examination of novelty and the existence of the inventive step. The examination carried out by the Hungarian Intellectual Property Office does not extend to novelty and inventive step. The usual length of the procedure is 6-10 months.