Utility Model

Utility model protection is an alternative to a patent. It is often referred to as the small patent or innovation patent. Although the utility model is less well-known than the patent, it is nevertheless a good and widely used form of protection. It is typically cheaper and both easier and faster to obtain. This is partly because the requirement for separation from prior art is less than with patents.

Protection for 10 years

However, the protection is only valid for 10 years, while the patent is valid for 20 years. And with a utility model, you can't protect processes such as manufacturing and production methods.

Just like a patent, utility model protection gives you exclusive rights to manufacture and sell. This way you can protect your idea from being exploited by others. Utility models can be granted for practical innovations in a technical field that can be exploited industrially. This can be:

• Instruments

• appliances and tools

• electronic connections

• foodstuffs, etc.

What is required to obtain protection by utility model?

The product must be new and clearly distinguishable from the known technology in the field. The novelty requirement is strict. The product must not have been placed on the market or shown at exhibitions prior to the filing of the utility model application, nor must it have been mentioned in brochures or lectures.

Where can you get protection via utility model?

Utility model protection can be obtained in Denmark and in a number of other countries. In those countries which do not have the utility model as a form of protection, a patent application, including a PCT application or an EP application, may be considered with priority over the utility model application.

Utility model or patent?

No general rule can be laid down as to when a utility model is preferable to a patent. It depends on an individual assessment and a balancing of the advantages and disadvantages of each form of protection.