Utility model example

Utility model example

When seeking practical and cost-effective protection for technical solutions, many innovators discover the utility model. Often referred to as a “petty patent,” a utility model can secure your invention when a full patent isn’t necessary or possible.

Below, we explain how utility models work, provide Polish and international examples, and list the countries where utility model protection is available.

 

What is a utility model?

A utility model is a form of intellectual property right designed to protect technical innovations that are new, useful, and industrially applicable, particularly those of a more incremental or practical nature than full-blown inventions.

In Poland, a utility model must present a new and useful technical solution concerning the shape, construction, or arrangement of an object or its parts.

Protection is granted for up to 10 years, provided the model meets national requirements.

 

Definition of utility model under Polish law

According to  Article 94, Section 1 of the Polish Industrial Property Law:

A utility model is a new, industrially applicable technical solution concerning the shape or structure of an item of a permanent form, or of an item consisting of functionally related parts of a permanent form.

 

Typical utility model examples

An example of a utility model might be:

  • an improved bicycle frame featuring a novel mechanism,
  • a new type of packaging with a modified closure, or
  • a domestic appliance with better efficiency due to a new component design.

These innovations are often “smaller” than classic inventions, making them ideal candidates for utility model protection.

 

Real life utility model example

Polish utility model no Ru.073087 entiled: “Clamp for fastening wall strips

Protection claim: Clamp for fastening wall strips, comprising a wall plate, a foot, and hooks for cooperation with the strip, characterized in that it has three hooks (5, 5’, 6), wherein the side hooks (5, 5’) are inclined towards the wall at an angle of 7° ± 2°, while the central hook (6) is tilted from the vertical by 0.5° to 2.5° in the direction opposite to the wall surface.

Drawing:

Read the full utility model description of Ru.073087

 

Utility model protection in Poland

  • The Polish Patent Office (UPRP) grants exclusive rights to use the registered utility model commercially and professionally within Poland for up to 10 years.
  • Registration ensures you can prohibit others from manufacturing, selling, importing, or exporting products covered by your model in Poland.
  • The right is subject to payment of periodic renewal fees and is ideal for practical, physical products (not pure processes).

 

Key differences between utility models and patents

  • Lower inventive step requirements: Utility models are often easier and quicker to obtain than patents and do not always require the same level of inventiveness.
  • Shorter term: Polish utility model protection lasts for 10 years, compared to 20 years for patents.
  • Scope: Utility models typically cover the physical configuration or structure of devices, not processes or software.
Feature Utility Model (Poland) Patent (Poland)
Max term 10 years 20 years
Inventiveness level Lower Higher
Object of protection Object/structure Product/process
Cost & Speed Lower, usually faster Higher, usually slower

 

Where is utility model protection available?

Utility model systems are not harmonized worldwide. There is no international filing system, so applications are filed in individual countries or regions. According to WIPO, protection is available in over 90 countries, including:

  • Most of Central and Eastern Europe: Poland, Germany, the Czech Republic, Hungary, Slovakia, Austria, Romania, Bulgaria, Serbia, Albania, Ukraine
  • Key Western European states: Spain, Portugal, France, Ireland, Greece, Italy, Denmark, Finland, Estonia, Slovenia
  • Major Asian jurisdictions: China, Japan, Korea, Vietnam, Indonesia, Malaysia, the Philippines, Mongolia, Kazakhstan
  • Russia, Turkey, Armenia, Moldova
  • Select African states (e.g., Egypt, Ghana, Kenya) and African regional IP offices (ARIPO, OAPI)
  • Countries in Latin America: Argentina, Brazil, Mexico, Chile, Peru, Costa Rica, Uruguay, Nicaragua, Panama, Paraguay
  • Many others: see WIPO utility model country list for up-to-date details.

Utility model protection is not available in the US, UK, Canada, Australia or at the EUIPO level.

 

Why consider a utility model?

  • Usually faster registration than patents.
  • Strong protection against copying for “smaller” or incremental inventions.
  • Lower costs, making it attractive to SMEs and individual inventors.
  • Especially valuable in countries like Poland, Germany, China, and Japan.

 

Summary

Utility model registration is an invaluable tool for securing IP rights to practical, technical innovations with a broad, global reach. If your innovation falls short of patent requirements or you need rapid, affordable protection, utility models in countries like Poland offer an efficient solution. When seeking broader IP protection, always check whether your key markets support utility model filings.

👉 For assistance with a utility model applications, contact our patent practice team – expert advice will help you choose the best IP strategy for your needs.

 

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