Utility Models and Patents

Utility Models
A Utility Model is an exclusive right granted by the government for an innovation/invention, which is either a product or process that offers a new technical solution to a problem.
A product or process that is new and is useful can be protected using this system. Their term of protection is 10 years. Registration for a utility model is simple and fast, and gives the holder the right to exclude others from exploiting the protected innovation/invention.
Utility Models provide protection for incremental improvements to products and processes and it is very relevant for SMEs. For Example: Printing- roller cleaning system, fruit sorting machine,simple bottle cleaning machine etc.

Patents
A patent, like a utility model, is an exclusive right granted by the government for an invention. Protected inventions can range from simple things like a safety pin to sophisticated items like juice processing machine.
An invention that is Novel, Inventive and is industrially applicable may be granted using a Patent.

The term of protection for patents is 20 years.

For the patent to remain in force the patent holder is required to pay annual maintenance fees.

Requirements for protection explained

Novel /New: The invention/innovation should not be disclosed in any publication anywhere.
Inventive step: The new product or process should not be obvious to a person skilled in the art.
Industrial Application: The invention can be made or used in some kind of industry

Rights of a Utility Model/Patent Holder

• Decide who may or may not exploit the protected invention.
• Permit/license the use of the invention on mutually agreed terms or sell the invention outright.

REGISTRATION PROCEDURE

Step 1:

• Submit a filled patent application form
• Attach a patent document having a title, abstract, description, claims and drawings.
• Attach proof of payment.

Step 2:

• URSB receives the document and accords it a filing date and a patent application number.

Step 3:

• An application found to be in order is subjected to substantive examination to determine if the claimed invention fulfils all requirements for patentability.

Step 4:

• Applicant is notified on grant/refusal of a patent.
• The applicant is then requested to pay the grant fees and thereafter issued a Certificate of Grant of a patent