Patent attorney, what is the difference between a patent and a utility model?

Hello. I am a patent attorney.

The methods of turning an invention into a right include patent registration and utility model registration, and through the establishment registration, a patent right and a utility model right are respectively granted.

Under the Patent Act, an invention means a highly advanced creation of a technical idea utilizing the laws of nature, whereas under the Utility Model Act, a device is defined as a creation of a technical idea.

That is, a utility model is mainly used for inventions with a relatively simple structure or shape.

There is also a difference in the subject of protection, in that a patent protects a broad range of inventions, including articles, substances, and methods, whereas a utility model covers only articles that have a certain form.

The duration of the right is 20 years from the filing date for a patent, and 10 years for a utility model.

In addition, for a utility model, the attachment of drawings is mandatory in the application and examination procedures, and the procedure is relatively simpler than for a patent.

It is important to accurately determine whether your idea is a subject for a patent or for a utility model.

Because choosing the wrong method of turning it into a right can affect the scope of protection or the stability of the right, the assistance of a patent attorney is needed at the early stage.

We recommend that, with the help of a patent attorney, you establish a right-securing strategy suited to the nature of your invention and thereby proceed effectively with the subsequent procedures as well.