Utility models and other forms of sub-patent protection

Contreras, J. L., Husovec, M.ORCID logo & Rimmer, M. (2025). Utility models and other forms of sub-patent protection. In Contreras, J. L. (Ed.), Sub-patent Innovation Rights: Utility Models, Petty Patents and Innovation Patents Around the World (pp. 1 - 18). Cambridge University Press. https://doi.org/10.1017/9781009478113.003
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While national rules regarding the scope, availability and issuance of utility models vary from country to country, most utility model regimes offer protection for tangible products, with many, but not all, jurisdictions excluding processes, biological materials and computer software from the scope of protection. The duration of utility model protection ranges from five to fifteen years, with most countries offering ten years of protection. In most countries, utility model applications are not formally examined and must simply disclose the product in question. Given the lack of examination, obtaining utility models is generally viewed as faster and cheaper than obtaining patents. This combination of speed and cost, in theory, makes utility models potentially attractive to small and medium enterprises (SMEs) that cannot afford to obtain full patent protection. Similar considerations have also been raised as advantageous to innovators in low-income countries.

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