Utility models provide exclusive rights similar to patents but with shorter terms of protection (usually 7-10 years) and lower filing costs. Unlike patents, utility models do not require examination for novelty or inventiveness prior to registration. While patents protect inventions, utility models can protect products or processes depending on the jurisdiction. Technology transfer agreements facilitate the application of technologies developed for one purpose to new uses or users, and generally involve the transfer of various types of technical knowledge through licensing. India's policies aim to promote both indigenous technology development and regulated technology imports through transfer agreements within approved payment limits and royalty periods.

1. UTILITY MODELS
Presented by;
k.Sai Lakshmi
B.Pharmacy, final year,
(2016-2020)
Balaji College of Pharmacy.

2. Definition:
Utility model is an exclusive right granted to an invention. This allows
to grantee, the right to prevent others from Commercially using the protected
invention, without the grantees authorization for a limited period of time. It is
very similar to patents and are often referred to as “pretty patents” or
“innovation patents”. it is generally cheaper to obtain and maintain has a
shorter term.
Difference between a utility model and a patent
 Though on the outset, both patent and utility model appear similar, there are
many differences between the two.
 As compared to patents, the requirements of obtaining a utility model differ to
obtain patent protection.
 Patents are required to satisfy both novelty & non obviousness requirement of
patent ability among other requirements.

3.  Utility models are supposed to satisfy the novelty & non obviousness
requirements.
 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 application 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 process.

4. Technology Transfer Agreement
 Exponential growth of Technology in India has played a significant role in all
round development and growth of economy in our country. Technology can
either be developed through own research & development or it can be
purchased through indigenous or imported sources. India has opted for a
judicious mix of indigenous & imported technology. Purchase of technology
is commonly called “Technology transfer” and it is generally covered by a
technology transfer agreement.
 “Technology Transfer” means the use of knowledge & when we talk about
transfer of the technology, we really mean the Transfer of knowledge by way
an agreement between the states or companies. Transfer does not mean the
movement or delivery; Transfer can only happen if technology is used.

5.  So, it is application of technology & Considered as process by which
technology developed for one purpose is used either in different applications
or by a new user.
 Technology Transfer Agreement also called as know-how agreement.
 Technology generally would comprise the following elements:
Process know how
Design know how
Engineering know how
Manufacturing know how
Application know how
Management know how

6. Policy for Foreign Technology Agreement
Procedures for Approvals of foreign technology Agreements section 39C:
 The high priority industries would be given automatic approval under the
norms of RBI, for foreign technology agreements, subject to a maximum limit
of payments up to 1 crore .
 The royalty to be paid is restricted to 5% in case of domestic sales and total
payment should be 8% on sales for a period of 10 years.
 The royalty period should not exceed 7 years from the date of starting of the
business or 10 years from the date mentioned in the agreement.
 The royalty rates would be calculated in accordance with the standardized
methods.

7.  Industries apart from high priority ones would allowed by the means of
automatic approval in case no free foreign exchange is required in case of
payments.
 Any other kinds of proposals would require particular approval under the
general procedures.
 Permissions pertaining to foreign testing of developed technological
applications, employing foreign technicians.
 The manufacturing and products should be compliant with the small scale
industries.
 In the case of an extension of the foreign technology collaboration
agreements which had been automatically approved earlier.