Choosing Between a Patent and a Utility Model: What Inventors Need to Know
If you’ve ever tried to protect your invention, you will definitely prefer to seek a patent protection for it. But you might have stumbled upon two terms which are familiar yet confusing: Patent and Utility Model. They sound similar and share a few features. But there are few differences between them which are legally significant, especially when strategizing IP protection in different jurisdictions.
Both patents and utility models are forms of intellectual property rights which are granted to inventors for technical innovations. They provide exclusive rights that prevent others from making, using, or selling the invention without the consent of the inventor. Historically, utility models originated in Germany in the late 19th century and were adopted by countries like Japan, China, South Korea, and several European and Latin American nations. Notably, U.S., U.K., and Canada do not offer utility models, but some countries are considering hybrid approaches.
In China, utility models are incredibly popular among local inventors and SMEs, as they are quickly granted (6-12 months) and have a lower threshold for novelty and inventiveness. However, since there is no substantive examination, the risk of invalidation is higher during enforcement.
The following table quickly explores the difference between a patent and a utility model.
| Patent | Utility Model |
| Protection given for novel, inventive, and industrially applicable inventions with a higher level of technical advancement. | Referred as “petty patents” or “innovation patents” and given for inventions with lower inventive step requirements. |
| Novel processes, machines and compositions can be protected | Devices can be protected. |
| Patentability of invention is validated by substantive examination | Minimal examination is required for validating patentability. |
| It has a time period of 20 years from filing date for protection | It has a time period of typically 6–10 years for protection |
| All the patent offices across the world issue patent rights | Utility model is granted only in few countries (e.g., China, Germany, Japan, etc.) |
To help you understand, here’s an example. Let’s say you’ve invented a new hydraulic braking system with a unique pressure-balancing valve. This likely qualifies for a patent due to the substantial technical advancement. But if you’ve created a modified handle design that improves grip comfort without changing the function, that could be better protected by a utility model in countries like Germany or China.
When deciding between a patent and utility model, it’s not about which one is better—it’s about which one suits your invention, market, and budget. If speed and cost are priorities, especially in mechanical fields, utility models offer a practical route. But for inventions with substantial technical advancement and long-term commercial value, patents are best.
Whether you’re an inventor or scaling a tech startup, understanding these distinctions could be the difference between wasted effort and well-earned exclusivity.
So, Choose Smart, Not Just Strong
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