What is a Utility Model Patent?
The utility model patent is a privilege granted by the State to the inventor as recognition of the investment and efforts made, to those inventions that consist of a new form, configuration or arrangement of elements of an artifact, tool, instrument, mechanism or another object or part thereof, which allows a better or different functioning, use or manufacture of the object that incorporates it or that provides it with some utility, advantage or technical effect that it did not previously have.
What benefits do I obtain when patenting a utility model?
Being the only one who for 10 years can exploit the invention. The exploitation may consist of exclusively and directly marketing the patented product, or through third parties granting licenses, transferring the rights obtained through its sale for a third party to exploit the invention. In conclusion, the benefit is economic for the inventor or owner of the patent.
What are the differences between an invention patent and a utility model patent?
The utility model is intended for minor inventions in terms of inventive range. The main differences that should be noted are:
The utility model only contemplates the protection of product inventions; On the other hand, inventions of product and, also, of procedure are protected in the patent of invention.
The protected invention in the utility model must be new and have industrial application.
The protection period of the utility model is 10 years.
What standards should be consulted to know about the procedures for the protection of a patent of invention and the rights of its owner?
The current legislation on patents is contained in Decision 486 of 2000 of the Commission of the Andean Community, norm applicable to all the member countries of the Andean Community. This Decision is also regulated in the Regulatory Decrees, and additionally, the SIC issues the Single Circular containing the set of guidelines that guide users on how to proceed with industrial property procedures. These rules can be consulted in normativity
Quite recently, the US Patent and Trademark Office (USPTO) has ruled that Artificial Intelligence (AI) systems can’t get the credit of a legal inventor in a patent filing.
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