Utility models
What documents must be submitted to apply for protection as a utility model?
To obtain a utility model, a series of documents must be submitted:
- Application form.
- Descriptive report.
Where can the utility model application be submitted?
The application can be submitted:
- At the Spanish Patent and Trademark Office (OEPM).
- At post offices.
What are the differences between utility models and patents?
Utility model:
- The term of protection is 10 years from the date of application.
- It only covers the protection of product inventions.
- To determine novelty and inventive step, the state of the art in Spain is taken into account.
Patent:
- The term of protection is 20 years from the date of application.
- It protects product and process inventions.
- To determine novelty and inventive step, the state of the art worldwide is taken into account.
The protection of utility models is regulated by Law 11/1986, of March 20, on Patents and Utility Models.
What inventions cannot be protected as utility models?
Notwithstanding the above, the following cannot be protected as utility models:
- Process inventions (e.g., “A process for obtaining reactive magnesium carbonate”).
- Anything that cannot be protected as a patent (such as plant varieties that can be protected under Law 3/2000 on the Protection of Plant Varieties).
What requirements must an invention meet to be protected as a utility model?
For an invention to be eligible for protection as a utility model, it must meet the requirements of novelty, inventive step, and industrial application (as in the case of patents).
What is a utility model?
A utility model is defined as any invention that is new and involves an inventive step, consisting of giving an object a configuration, structure, or constitution that results in a practically appreciable advantage for its use or manufacture, and whose protection lasts for 10 years from the date of filing of said invention.