Utility model protection is similar to a patent but has less stringent requirements. It offers protection for up to 10 years typically. While many countries offer utility model protection, India currently does not and only offers protection for innovations under patents. Utility model protection may be suitable for inventions that are incremental improvements or have a short lifecycle.

1. What is Utility Model protection and does India offer utility model
protection?
Utility model
Like patents, utility model is an exclusive right granted to an invention. This allows the
grantee, the right to prevent others from commercially using the protected invention, without
the grantee’s authorization, for a limited period of time. It is very similar to patents and are
often referred to as, “petty patents” or “innovation patents”.
Though on the outset, both patents and utility model appear similar, there are many
differences between the two, which are given below:
 As compared to patents, the requirements of obtaining a utility model differ. To
obtain patent protection, patents are required to satisfy both novelty and non-
obviousness requirements of patentability among other requirements. Utility models
are supposed to satisfy the novelty requirement and the non-obviousness requirement
for utility model is low or absent.
 The term of protection for utility model is usually between 7 to 10 years, based on the
jurisdiction.
 In most jurisdictions offering utility model protection, the applications are not
examined prior to registration. This significantly reduces the duration required for
registration.
 As compared to patents, utility models are cheaper to obtain and maintain.
 In some jurisdictions, utility model protection can only be obtained for certain fields
of technology and only for products but not for processes.
Who should apply for utility model protection
Primarily, utility model protection may be sought under the following circumstances:
 For inventions that do not reach the same level of inventiveness, which is required for
patent protection.
 For inventions that require faster registration.

2.  For innovations which are of incremental nature and do not meet all the requirements
of patentability.
 When the life cycle of the invention is short and/or if, the profits are not able to cover
patenting costs.
 For minor improvements and adaptations of existing products.
 The innovation is tangible and/or mechanical in nature.
Countries offering utility model protection
Many may identify themselves under the above mentioned criteria and feel that, their
innovation warrants a utility model protection and not patents. But all countries do not offer
utility model protection.
Below is a list of countries, which offer utility model protection.
Conversion
Type of Maximum PCT route from Patent
Sl. No Country Protection Term available Application
1 Albania utility model 10 years Yes Yes
2 Angola utility model no set term No No
3 Argentina utility model 10 years No Yes
4 ARIPO utility model 8 years Yes Yes
5 Armenia utility model 10 years Yes Yes
Yes via
6 Aruba small patent 6 years Netherlands Yes
innovation Not unless by
7 Australia patent 8 years division Yes
Yes by
8 Austria utility model 10 years Yes division
9 Azerbaijan utility model unknown Yes Yes
10 Belarus utility model 8 years Yes unknown

3. Conversion
Type of Maximum PCT route from Patent
Sl. No Country Protection Term available Application
11 Belize utility model 7 years Yes Yes
12 Bolivia utility model 10 years No unknown
13 Brazil utility model 15 years Yes probably
14 Bulgaria utility model 10 years Yes probably
15 Chile utility model 10 years No unknown
utility model
16 China patent 10 years Yes unknown
probably by
17 Colombia utility model 10 years Yes division
18 Costa Rica utility model 12 years Yes Yes
Czech Yes by
19 Republic utility model 10 years Yes division
Yes by
20 Denmark utility model 10 years Yes division
Yes by
21 Ecuador utility model 10 years Yes division
22 Estonia utility model 8 years Yes Yes
23 Ethiopia utility model 10 years No Yes
24 Finland utility model 10 years Yes Yes
25 France utility model 6 years No Yes
26 Georgia utility model 8 years Yes Yes
27 Germany utility model 10 years Yes Yes
28 Greece utility model 7 years No Yes

4. Conversion
Type of Maximum PCT route from Patent
Sl. No Country Protection Term available Application
29 Guatemala utility model 10 years No Yes
30 Honduras utility model 15 years Yes unknown
31 Hungary utility model 10 years Yes Yes
Petty
Patent/Simple
32 Indonesia Patent 10 years Yes Yes
short term
33 Ireland patent 10 years No Yes
34 Italy utility model 10 years No Yes
35 Japan utility model 10 – 15 years Yes Yes
36 Kazakhstan utility model 8 years Yes Yes
37 Korea (south) utility patent 15 years Yes Yes
38 Kuwait utility model 7 years No unknown
39 Kyrgyzstan utility model unknown Yes unknown
40 Laos petty patent 7 years No unknown
utility
41 Malaysia innovation 15 years Yes No
42 Mexico utility model 10 years Yes Yes.[37]
43 Moldova utility model unknown Yes probably
44 OAPI utility model 8 years Yes probably not
utility model
45 Peru patent 5 years No Yes
46 Philippines utility model 7 years Yes Yes

5. Conversion
Type of Maximum PCT route from Patent
Sl. No Country Protection Term available Application
47 Poland utility model 10 years Yes Yes
48 Portugal utility model no set term Yes unknown
49 Russia utility model 13 years Yes Yes
50 Slovakia utility model 10 years Yes Yes
51 Spain utility model 10 years Yes Yes
52 Taiwan utility model 10–12 years No Yes
53 Tajikistan utility model 9 years Yes probably
Trinidad and utility
54 Tobago certificate 10 years Yes unknown
55 Turkey utility model 10 years Yes Yes
56 Ukraine utility model 8 years Yes Yes
United Arab
57 Emirates utility model 10 years Yes unknown
utility model
58 Uruguay patent 10 years No Yes
59 Uzbekistan utility model 8 years Yes probably
Source: Wikipedia link
Utility model protection in India
Though utility model protection would be of great help to many, India, at present does not
offer protection under utility model. At present, technological innovations can only be
protected in India under patents.