Utility Model Protection Rahul Dutta Patent Attorney Intellectual Property Lab melting ideas into...

Utility Model Protection

Rahul DuttaPatent AttorneyIntellectual Property Labmelting ideas into property

www.iplab.in

Utility Model

•Utility Model is NOT Utility Patent•For INNOVATIONS not inventions•Austria, Argentina, Brazil, China,

Denmark, France, Italy, Japan, Korea and Spain

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© Intellectual Property Lab

Petty Patents

•Patent MINUS Non-obviousness•Plus, relaxed patentibility conditions•Minus, lesser monopoly time

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Utility Model: Plus Points

•Easier to secure•Rights from application (First

registration, examination of the application later)

•Securing rights faster• ‘May’ promote innovation•Good for short shelf life products

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Utility Model: Flip Side

•Limited to the products only•Limited to a class of technologies,

primarily to the mechanical stream•Australia has withdrawn Petty Patents

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Innovative Patents•Australian Invention•No infringement, if the application was not

examined•Definition: The owner of any new and useful

invention that involves an innovative step can apply for an innovation patent

•The innovation patent requires an innovative step rather than an inventive step

•Not for a plant or animal, a biological process for their generation, or a human being

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Advantages of Innovative Patent•Granted after application check within a

month•After examination as good as a regular

patent for stopping copying•Eight years life span •Convertible into a regular patent before

grant if applied for in a certain time period

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Utility Model in Indian Prospective•Are we Socialist or Capitalist?•Do we need a micro patent tool?•What the people use to do to fill-up the

coffers of the kingdoms?•Do we need to ignite the brains of masses

by utility model?•Who will pay the price for utility model?•How will it be integrated with the

international IP laws?

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Application of 35USCS § 103

•The scope and contents of the prior art are to be determined;

•The differences between the prior art and the claims at issue are ascertained;

•The level of ordinary skill in the pertinent art is resolved; and

•Against this background, the obviousness or non-obviousness of the subject matter is to be determined.

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Why Need More IP Tools

•Software•Life Sciences•TRIPS•Patents are for all fields of technologies.

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Thanks

For any further question contact:

Intellectual Property Labmelting ideas into property

2/11, Vishwas Khand-2Gomti NagarLucknow-226010Phone: 0522-2309704Fax: 0522-4078338

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Utility Model Protection Rahul Dutta Patent Attorney Intellectual Property Lab melting ideas into...

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