Utility model patent

Table of contents

The results of creative, scientific and technical work must be protected from unauthorized use and turned into income. When these results belong to the technical field, they are called an invention or a utility model. Under national and international law, the author can obtain a protection document for them: a patent. Below we explain how a utility model differs from an invention and how to patent it.

SION specialists help clients obtain a utility model patent at the patent office of any country. We have worked in this field since 2011, and each SION patent attorney has many years of experience in patent work. We:

prepare the application without mistakes or delays and file it with the examining body;
guide and support you throughout the process of obtaining the protection document;
help you obtain a utility model patent in various fields of engineering and technology;
assess the value of the patented solution and provide legal support if you sell it;
work directly with the patent offices.

Utility model patentability requirements

A utility model is often called a “small invention”. To obtain a utility model patent, the proposed technical solution must be new and industrially applicable.

Unlike a patent for an invention, the inventive step is not assessed. The office does not carry out a substantive examination of the technical solution, so registration is faster. On average, obtaining a utility model patent takes about 3-6 months.

Before we start work, we ask the client to prepare a detailed description of the technical solution, after first signing an NDA with us. Actual use of the patented object at the time of filing the application is a big advantage during examination.

How to obtain a utility model patent: step by step

This is how we work to obtain a protection title:

We conduct a patent search. The patent attorney looks for similar industrial property objects and assesses whether the solution can be patented.
SION specialists draw up and file the utility model patent application. The application form, in the official language, contains information about the author and the applicant. It comes with a description of the technical solution, and the text is agreed with the client. The filing fee for the utility model application is paid at this stage.
The responsible body carries out an examination. It checks that the documents are complete and accurate, and it determines whether the object can be protected under the law.
State fees are paid at the different stages of the application review.
After a positive decision by the responsible state body, the protection title is issued.

On average, the process takes 6-8 months from the filing date. Sometimes an expedited registration of a utility model is needed, for example because of a tender. With our help, a client can obtain a utility model patent in 3 months at most.

Utility model patent valuation

How much can you sell registered intellectual property for? The answer matters when a deal is planned between the patent owner and a commercial company. SION specialists will analyze the patented solution to see how it can be monetized.

We use the following methods:

Market approach: comparison with similar objects, their sales history and profitability.
Cost approach: calculation of the costs of creating, promoting and implementing the solution. It is used for information products and when it is hard to find comparable objects.
Income approach: calculation of the profit from sales over different periods of use.

The client receives a report on the value of the protected object. The report is a formal document. It shows what return the client can expect after commercial implementation, and it becomes an argument when promoting the solution on the market.

Utility model patent cost

Before we start cooperation, we calculate the cost of the patent services and give the calculation to the client. The final price consists of government fees and our company fee. Our fee depends on the complexity of the work, the volume of technical documentation and other factors.

The price includes the following work:

patent search;
preparation and filing of the application with the patent office, and support during its review;
preparation and filing of an objection if the application is refused (if necessary);
registration of the document.

The cost differs from case to case. It depends on the complexity of the object, how ready the source materials are, the country of patenting and other factors.

Find out the cost of registering your utility model.

Selling a utility model patent

The results of intellectual work and innovative technical solutions can and should be monetized. The law of some countries allows the owner to sell the patented object to a third party. For this, the parties need to conclude an agreement on the assignment of the exclusive right. After the agreement is signed, all rights pass in full to the buyer, and the seller receives payment.

The agreement goes through these stages:

signing in writing;
payment of the fee;
registration with the patent office (otherwise the sale is invalid).

The owner can also grant the right to use the patent under a license agreement (a temporary transfer of rights) in a country where the patent is in force. In this case the owner does not change. The license can be exclusive (only the licensee may use the patent) or non-exclusive. SION specialists will help you draw up, conclude and register a sale or license agreement.

Utility model patent term

The owner of a utility model gets an exclusive right to a technical solution for a limited period, often 6 to 10 years from the filing date or priority date, depending on the country. The patent stays in force as long as the owner pays the annual renewal fee.

The fee amount is different for legal entities and for individuals. Paying fees to the patent offices of other countries can involve extra cost and time. In every case, the fees must be paid on time so that the right to the patented solution is not lost.

SION specialists take on the obligation to pay the fees on time. We support the client in any situation and help protect intellectual property rights and the right to commercial benefit from the protected object.

For detailed information and a cost calculation for your patent, email us at info@sion-ip.com.