Before discussing the patent phenomenon, it is necessary to define what an invention is. In a simple definition, invention means ‘the method obtained at the end of each stage when solving a technical problem, or the ideas that lead to the formation of the products that result from this method, and the development of something that has not been found before, with the effort of human thought’. In other words, it is possible to define the invention as new technical solutions related to the solution of a certain problem in the field of technology.
A patent, on the other hand, is a document granted by a public institution to the owner of an industrially applicable invention, which gives the right to prevent the use of this invention by others for a certain period of time without their consent. This document gives the right holder the right to prevent the production, use, sale and import of the invention by others for a certain period of time. The protection of inventions is national, it is only protected according to the legal regulations of the country of application As explained in details on how to patent an idea with InventHelp article.
In the legal regulations of all countries, 3 basic conditions for inventions to be protected by patent; The features of being new, containing an inventive step (exceeding the state of the known technique) and being applicable to the industrial sector are sought. Innovation means that it has not been explained in writing, verbally or by application by others before the application is made. The criterion for exceeding the known state of the technique is ‘the quality that an expert in the subject cannot easily think and put into practice’. Applicability to the industrial sector, the fact that the invention is practical rather than purely theoretical. Inventions meeting these three criteria are protected by patents.
The utility model, on the other hand, can be defined as ‘the granting of the right to produce and market the product subject to this invention for a period of 10 years to the owners of inventions that are new in USA and in the world and can be applied to the industrial sector’. Although it varies according to the laws of the countries, inventions; It can be protected for 20 years with a patent and 10 years with a utility model certificate. The protection period of patent and utility model documents cannot be extended.
However, if a request for examination is made within 7 years from the date of application for a patent granted without examination, the system with examination may be switched and if the result of examination is positive, the protection period is extended to 20 years. For more detailed explanation you can refer to how do you patent an idea with InventHelp post.
When the patent and utility model are compared:
- In the utility model, the criterion of exceeding the state of the art is not sought,
- Protection times are different,
- No additional utility model certificate is given to the utility model certificate.
- Due to the lack of research and examination processes, granting a utility model certificate is more convenient in terms of both time and expense compared to granting patents.
