Utility Model vs Patent Protection
April 12, 2011
Brand Names, Domain Names, Geographic Indicators
A utility model is a specific type of intellectual property right. It is available in various countries and just like a patent, protects the invention, but it has a shorter lifespan than a patent and doesn’t have all the requirements needed for a patent. Examples of countries where the utility model is recognized include that of Japan, Austria, Indonesia, Malaysia, Spain, Australia, and Germany.
In essence, the utility model is a monopoly that the inventor receives for a specific period in which the inventor then teaches the invention to another person with normal skills in the particular art. The teaching is of such a nature that the person taught will be able to perform the invention.
Utility models are often referred to as innovative patents or minor patents. Most of the patent offices don’t do in-depth examinations of applications and simply require that the utility models meet the formal requirements. In most instances, the same items or processes not patentable will also not qualify as utility models. One of the main requirements is that the utility model must be new and thus not part of prior art. This means that the utility model may not have been published or used before application for such. In Spain, however, absolute novelty is not required. In South Africa the functional design can fit the category of utility model and it has a lifespan of ten years.
Utility models are often used for mechanical innovations and are well suited for small and medium businesses which want to make minor changes to existing inventions. Known by different names in the various countries utility models are more affordable than patents, easier to register, and have shorter lifespan periods.
Contact us at Smit & Van Wyk Intellectual Property Attorneys to assist you in registering a utility model in South Africa.
Patent Pitfalls to Avoid
April 7, 2011
Brand Names, Franchises, Geographic Indicators, Inventions, Registered Designs
New inventors often fail to register their patents successfully because they made mistakes during or before the filing of their patent applications. Most of the patent pitfalls can be avoided if one is to take heed of the common patent pitfalls discussed below.
Discussing The Patent Idea With Friends And Family
Although a person certainly wants to share an idea with friends, it is absolutely important not to disclose any details about your invention that could enable another person to create the same or a similar invention. Apart from rendering the invention useless when it comes to the patent application because information about the invention has become public knowledge, it also creates the risk of someone else using the information to create their invention and apply for patent protection before you do so.
Registering A Complete Patent When There Are Still Some Work To Do
One should only register a complete patent instead of a provisional patent if a person is sure that there will be no more modifications needed on the invention. You must also make sure that the invention is marketable and as such it is recommended that you first register a provisional patent. This will allow you a 12 month window in which you can test the marketability of the invention and make any modifications before having to file for the complete patent protection.
Disclosing Information Without A Non-Disclosure Agreement
You may be at a point where you require the help of another person skilled in the trade to assist with further development of the invention. Do not disclose any information about the pending patent or the invention even before that without the party signing a non-disclosure agreement.
View our full range of patent services and contact us for professional legal advice and assistance in registering your patent in South Africa or abroad.
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South Africa
Geographcal limitations
July 24, 2009
Geographic Indicators
The geographical limitations can be quite strict. “Newcastle Brown Ale” was restricted to being brewed in the city of Newcastle upon Tyne in England. However, having obtained this protection for their product, the brewery decided in 2004 that it would move across the river Tyne to Gateshead. As Gateshead is technically a separate town—albeit only the width of a river apart—it does not fall within the required geographical restriction. The brewery then applied to the European Union authorities to have the geographical restriction revoked. If the restriction had not been revoked, the brewery would have been forced either to move back to Newcastle, or stop calling its beer “Newcastle” brown ale
For and against Protected Status
July 24, 2009
Geographic Indicators
The EU strives to promote this kind of protection within WTO, e.g., via a database of multilateral registers. The general aims of the regulation are to allow regional producers of goods to maximize both quality and profits on local goods. They also intended to allow local know-how and expertise to continue and thrive and to prevent the over standardization of different foodstuffs.
While having supporters, there is also some opposition to these regulations. The following arguments are amongst those put forth:
- The potential complexity of the registers may be abused
- Emigrants may want to continue to make their native products
- Many producers will be affected by the necessary rebranding to avoid narrowing or even closing the markets
- Extra costs may be incurred by governments, businesses, and consumers
US Legislation
July 24, 2009
Geographic Indicators
Florida orange juice is certified as being such by that state’s Department of Citrus. Some of these marks are protected in the United States under certification mark law, such as the Idaho Potato Commission’s “Idaho” and “Grown in Idaho” registered trademarks for potatoes. On the other hand, there also are cases in which a geographical name has been trademarked for a particular product that might not even be manufactured there, such as Philadelphia cream cheese. However, there is little impetus to extend further recognitions at the federal level. Only products that are either made or sold in the EU are subject to the EU regulation.
