When we talk about protecting innovations, we often think of patents, but there is another legal figure just as useful for certain inventions: utility models. This resource is ideal for safeguarding practical and functional improvements in objects, especially when they do not meet the high requirements of a patent. In this post, we will explain what utility models are, what they are for, and how they differ from other forms of protection.
What are utility models?
In essence, a utility model can be defined as an invention of an industrial nature, less complex than a patent, intended to offer improvements, adaptations, or new structures that provide a practical advantage. The purpose of its registration is to protect innovations that, although simple, have a significant impact on the functionality of an object or its industrial application.
Ownership of this type of invention grants the creator exclusive rights to manufacture, use, or market it, preventing third parties from reproducing it without authorization. However, as part of the process, the utility model is made public to contribute to the knowledge and development of the sector. In Spain, the Patent Law regulates this figure under the term “small inventions,” and its owner obtains a certificate that formalizes this protection.
What are utility models for and what are the requirements for registering them?
Unlike industrial design, focused on aesthetic appearance, and patents, which require a high level of inventiveness, utility models stand out for prioritizing the novelty and utility of the invention. This condition makes them an attractive option for entrepreneurs, small businesses, and individual inventors looking to protect their inventions quickly and efficiently. By the way, you can read more about the distinction between patent and utility model in this link.
Specifically, to protect an invention under this figure in Spain, certain requirements must be met:
- Physical object: only applies to objects, never to procedures or industrial methods.
- Practical advantage: the design must translate into a functional improvement or a clear industrial application.
- Novelty and inventive activity: although less strict than those of patents, the utility model must provide something new and different.
Meeting these criteria allows for the effective registration of those innovations that, although not revolutionary, have a tangible impact in their field of application.
In Spain, both natural and legal persons, national or foreign, can register utility models, provided they comply with the applicable regulations. This includes:
- Individuals habitually residing in Spain.
- Foreign companies with headquarters or activity in the country.
- Citizens or entities from member countries of the Paris Union Convention or with reciprocity agreements in intellectual property matters.
How to register and protect utility models
Registering a utility model is an accessible process that grants exclusive rights over practical inventions, protecting its owners against unauthorized exploitation by third parties.
Any interested party can manage the application for a utility model, either personally or through an intellectual property agent – such as ISERN – whose experience is often useful to ensure the success of the procedure. To begin, a series of essential documents must be prepared:
- Application form. This is the format in which the title of the invention, the applicant’s data, the inventors, possible legal representatives, and the corresponding signature will appear. By the way, this official form can be downloaded from the website of the Spanish Patent and Trademark Office (OEPM).
- Detailed description of the invention. The characteristics of the model to be protected must be specified, detailing its utility and practical advantages.
- Claims. That is, a clear statement of the novel and exclusive aspects of the invention that are to be protected.
- Graphic material. Indeed, the application must be accompanied by drawings, plans, or diagrams that complement the description and help to better understand the invention.
- Proof of payment of fees, which proves that the fees corresponding to the procedure have been paid.
Processing procedure and registration coverage
Once the application for registration of utility models has been submitted, the OEPM carries out an initial evaluation within 10 days. During this period, the agency will verify that the basic requirements are met. If the documentation is correct, an official filing date is assigned. Otherwise, a period of two months is granted to correct errors. The process includes the following steps:
- Technical examination. An expert evaluates the utility model to verify that it meets the criteria of novelty, utility, and industrial applicability. If flaws are detected, the applicant is notified, who has two months to correct them.
- Publication and opposition phase. When the examination is favorable, the application is published in the Official Intellectual Property Gazette. From that moment, a period of two months is opened for third parties to present possible oppositions. These must be accompanied by evidence demonstrating that the invention does not meet the legal requirements.
- Final resolution. If no oppositions are presented, or if these are dismissed, the utility model is granted and registered in the Intellectual Property Registry.
Associated costs, rights, and duration of protection
In reality, the registration of utility models in Spain is significantly more economical than the patent procedure. The fees are around 100 euros, with a 15% discount if the procedure is carried out electronically. In comparison, registering a patent can cost between 700 and 1,300 euros.
The owner of a utility model obtains exclusive rights to use, market, or license their invention. This implies that no one can manufacture, sell, or exploit the invention without their authorization. In addition, the owner can sell the model or assign its exploitation to third parties.
However, the protection of a utility model is not perpetual. Its duration is only 10 years, without the possibility of extension, which differentiates it from patents, which can be extended up to 20 years.
Practical examples of utility models
Among the examples of inventions that, at the time, were probably protected by a utility model, the following stand out:
– Tools or devices with functional improvements: such as a drill with drill bits whose tips finished in a plane or groove serve as screwdrivers that speed up the process of placing or removing screws.
– Furniture with attachments: such as office chairs with wheels on the base and a frontal rocking mechanism to recline the body.
As you can see, this figure does not protect industrial procedures or intangible elements, such as trademarks or distinctive signs.
ISERN: your ally in the registration of utility models
At ISERN, we have been helping inventors for over a century to choose between registering a patent or a utility model, providing them with all the necessary information to make the best decision.
Our team of experts advises and provides legal support at each step of the process, whether it involves individual or business inventions. Likewise, once the registration is obtained, we take care of monitoring possible misuse and protecting your rights with determination.
If you need to register utility models, contact us. We have 12 offices in the main cities of Spain, where we are ready to help you.