A Brief Introduction of Utility Model Patent

1. For utility models, some countries haven’t listed them as the independent objects of patent protection, instead they protect them in invention patents. In some other countries, utility models are listed as the independent objects of patent protection, but these utility models mainly refer to gizmos. The reason of government protections of utility models is to encourage the invention of gizmos with low cost and short creative cycle, and to quickly adapt to the requirements of economic development.

2. The Paris Convention doesn’t define utility models, but stipulates that utility models enjoys the interests of invention patents. Agreement on Trade-Related Aspects of Intellectual Property Rights doesn’t separately stipulate utility models either. However, China’s Patent Law clearly defines utility models as one of its protection objects, and stipulates that utility models refer to new practical technical solutions based on products’ shape or construction or their combination. The technical level of these technical solutions is lower than that of invention patents.

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