Utility Model Protection Rahul Dutta Patent Attorney Intellectual Property Lab melting ideas into property www.iplab.in.

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Presentation transcript:

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

Utility Model Utility Model is NOT Utility Patent For INNOVATIONS not inventions Austria, Argentina, Brazil, China, Denmark, France, Italy, Japan, Korea and Spain 8/16/ © Intellectual Property Lab

Petty Patents Patent MINUS Non-obviousness Plus, relaxed patentibility conditions Minus, lesser monopoly time 8/16/ © Intellectual Property Lab

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 8/16/ © Intellectual Property Lab

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Side Limited to the products only Limited to a class of technologies, primarily to the mechanical stream Australia has withdrawn Petty Patents 8/16/ © Intellectual Property Lab

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 8/16/ © Intellectual Property Lab

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 8/16/ © Intellectual Property Lab

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? 8/16/ © Intellectual Property Lab

Comparison of Utility Model Copyright Industrial Design Patent 8/16/2015© Intellectual Property Lab 9

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. 8/16/2015© Intellectual Property Lab 10

Why Need More IP Tools Software Life Sciences TRIPS Patents are for all fields of technologies. 8/16/ © Intellectual Property Lab

Thanks For any further question contact: Intellectual Property Lab melting ideas into property 2/11, Vishwas Khand-2 Gomti Nagar Lucknow Phone: Fax: /16/ © Intellectual Property Lab