Utility model vs. industrial design – examples, similarities and differences
Utility models and industrial designs are forms of industrial property that can be registered with the Patent Office. In this article, we will explore the definitions of “utility model” and “industrial design”, their applications, and their significance in the context of intellectual property protection for businesses.
What is a Utility Model?
A utility model is a technical solution related to the shape, construction, or configuration of an object in a permanent form.
In practice, this could be a specific product, such as a device or another item.
However, methods, processes, chemical solutions, or the applications of products cannot be protected as utility models. They can only be patented.
When filing an application for utility model protection with the Polish Patent Office, it is necessary to include drawings that depict the model. The application must also contain a detailed description of the model, including the protection claims. It is advisable to seek assistance from a patent attorney when preparing such an application.
Example of a utlitity model
Polish utility model No. Ru.073087
Protection claim: Klamra do mocowania listew przyściennych zawierająca płytkę przyścienną, stopę, zaczepy do współpracy z listwą znamienna tym, że posiada trzy zaczepy (5, 5’, 6), przy czym boczne zaczepy (5, 5’) są nachylone w kierunku ściany pod kątem 7° ± 2°, zaś środkowy zaczep (6) jest odchylony od pionu o od 0,5° do 2,5° w kierunku przeciwnym niż powierzchnia ściany.
Drawing:
See the full description of the Polish utility model No Ru.073087 (in Polish)
The “Small Patent,” or Utility Model Protection Right
The Polish Patent Office grants protection rights for a utility model that is both new and useful on the date of filing the application.
A model is considered new if, before the filing date, it was not publicly accessible in any form — neither written nor spoken — nor through its use, display, or publication in any other manner.
A model is deemed useful if it enables the achievement of a specific practical purpose in the production or use of products.
The protection right for a utility model applies to the technical solution described in the protection claims. The drawings included in the application are intended to facilitate understanding of these claims and do not protect the visual aspects of the object.
The duration of protection for a utility model is a maximum of 10 years from the date of application. For this reason, the utility model protection right is often referred to as a “small patent,” as it offers similar technical protection to a patent but for a shorter period—the maximum duration of a patent is 20 years.
What is an Industrial Design?
An industrial design refers to the appearance (i.e., the external look) of a product or its part, shaped particularly by features such as lines, contours, shapes, colors, texture, or the material of the product, as well as its ornamentation. A product, in this context, is any item manufactured industrially or handcrafted, including, in particular, packaging, graphic symbols, and typefaces, but excluding computer programs.
An industrial design registered with the EUIPO (European Union Intellectual Property Office) and protected throughout the entire European Union is called a Registered Community Design. Due to this, an industrial design is often referred to simply as “design.”
Unlike utility models, a registered industrial design does not protect technical solutions. To file for an industrial design in Poland or with the EUIPO, no description is needed; only drawings, visualizations, or photographs of the design are required. Protection covers only what is shown in these drawings or photos.
Examples of registered industrial designs
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Registration of Industrial Designs
For an industrial design to get registered, it must be new and have an individual character on the date of its application to the Intellectual Property Office.
- “Novelty” means that the design has not been disclosed publicly — by the applicant no earlier than 12 months before filing, or by anyone else prior to the filing date. If an identical design has been made public by someone else before the IPO filing date, it will not be considered new.
- A design has individual character if it creates a different overall impression on an informed observer compared to previously disclosed designs. The assessment of this feature takes into account the creative freedom of the designer.
In the case of industrial design, the Intellectial Property Office does not independently assess the criteria of novelty and individual character — the design registration is automatic upon meeting formal requirements and paying the application fee. After registration, any third party can file a paid request for the cancellation of the design’s registration. If the design does not actually meet the requirements of novelty or individual character, such a request can be successful, and the registration may be cancelled.
An industrial design can be protected for a maximum of 25 years from the date of filing, with the obligation to pay renewal fees every 5 years.
Simultaneous Protection of Utility Models and Industrial Designs
A single product can be protected both as a utility model and as an industrial design.
A technical solution, i.e., the functionality of a product, can be registered as a utility model, while its external appearance can be protected as an industrial design.
For example, in a coffee machine, the technology behind it may be protected as a utility model, whereas its external look could be protected as an industrial design.
Benefits of Legal Protection for Utility Models and Industrial Designs
Obtaining legal protection for both utility models and industrial designs offers several advantages:
- Legal Protection: Both utility models and industrial designs are safeguarded against unauthorized use by third parties, ensuring the uniqueness of the company’s innovations.
- Exclusive Rights: The holder of a protected design has exclusive rights to its use for a specified period and in a given market, helping to avoid unfair competition and secure investment in product development.
- Enhancing Company Image: Having registered designs strengthens the company’s image as one that values intellectual property protection, which can increase its appeal to customers and potential investors.
- Ease of Enforcing Rights: In cases of unauthorized use of a protected design, the owner has access to effective legal tools for quickly and efficiently asserting their rights.
- Business Value: Owning registered designs increases the company’s value in business transactions, such as mergers, acquisitions, or licensing agreements.
- Effective Fight Against Counterfeits: Design registration facilitates the prosecution of illegal copies, providing the company with a powerful tool to combat counterfeits.
- Support for Innovation: Protecting designs promotes innovation by rewarding companies for their contributions to the development of modern and unique solutions, which stimulates further technological and aesthetic advancements in products.
If you need further assistance or clarifications on this topic, feel free to ask!