What is a Utility Model?

Although there is a close relationship between the concepts of patent and utility model, they are often confused with each other. However, the meanings of the two terms, the consequences they bring, and the application procedures that must be fulfilled to have them differ.

As Aşan Danışmanlık, we offer you professional services with our expert staff in the field of trademark registration and other services. You can contact our customer representatives with a single phone call to obtain the document you need in a short time.

What is a Patent? What is a utility model?

Purchasing utility models and patents has an important place in ensuring the protection of commercially valuable inventions and protecting them from imitation. In this direction; People who have received a patent or a utility model certificate prevent others from using the relevant invention without permission. At the same time, the documents we mentioned also grant exclusive rights to this invention.

In this regard, we can define the patent and utility model as follows:

• Patent: It is an official document that allows the owner of an invention or product to prevent the use of the relevant product or invention by third parties. This document; It gives the right to prevent commercial actions such as production, sale, use and import. On the other hand, it brings various privileges to the owner of the invention or product.
• Utility Model: It is an industrial property concept that can be applied to industry and incorporates new invention conditions. Inventions that are not already known in the state of the art are considered new. Obtaining a utility model certificate is easier and less expensive than obtaining a patent.)
• Additional Information: What the concept of ´invention´ means is explained by the Turkish Patent and Trademark Office as follows: An intellectual product that aims to solve a certain problem in the field of technology and has technical features is called ´invention´.

If you want all processes related to utility model or patent acquisition to be carried out in an error-free, complete and practical manner, you can easily do this by contacting our company, thanks to our expertise and experience.

What is a Utility Model?
 
In its simplest form, it is the name of the system that provides protection to an invention. Although it may seem similar to a patent with this definition, there are obvious differences between the two. Useful model; can be obtained in a shorter time and with less conditions. For the utility model compared to the patent; There is no requirement to add an additional feature to the state of the art. That is, no distinguishing feature is sought. It is a more preferred document as it does not require a research process such as a patent. Because registration provides a great advantage to the applicant in terms of acquisition time. However, utility model applications cannot be made for chemical and biological products, methods and products obtained as a result of methods (describing how they are made and the resulting product), biotechnological inventions.


The ultimate goal is protection. Before explaining the utility model, it is necessary to clarify the definition of the invention. Invention can be briefly summarized as creating a new feature or improving what has been discovered before. The utility model is explained as the industrial property right that provides protection to the invention in the definitions. Inventions that have not been disclosed and documented anywhere in the world can be protected by being included in the "new" category. This is the first and most important condition of the utility model. What is meant by innovation is absolute innovation, that is, innovation in the world. Another requirement is industrial applicability. In cases where the invention does not become much different from the previous state, a utility model is used instead of a patent. This is called the inventive step in terminology.

The protection period of the utility model is ten years. Rather, it supports SMEs and individuals. During this time; The certificate holder has the right to manufacture, market and sell the product. A lawsuit can be filed against the use of a product or invention without the permission and approval of this person or institution. Since there is no detailed examination and research process, the courts take direct action in a lawsuit or an objection. This situation can be an advantage as well as a disadvantage for the applicant. For this reason, if the applicant needs to do the preliminary research well, it is recommended to work with an expert for this.


Utility Model Registration


Like every document, some processes are mandatory for the utility model registration certificate. The documents and process required for the acquisition of the utility model registration certificate, which is particularly advantageous in terms of time and cost compared to other protection documents, are as follows:

 

 It is recommended that the invention be investigated by an authorized person. Thus, there will be no returns due to missing or incorrect documents during the application process.
Application with an application document (can be made on the Turkish Patent website). Fee must be paid.
The application is formally examined by the system and authorities. If there is a deficiency, the applicant is contacted. Two months are allowed for error correction.
A research report is prepared. Technical documents related to the invention are listed in the report.
Publishing is done. The set date is eighteen months. The applicant may request an earlier publication. If the report is ready, it can be published earlier or the report can be added to the publication. If any changes are made, they are also stated in the publication.
 A description or description of the invention is required.
Documentation that the find is new (as proof)
There should be technical drawings or drawings related to the invention.
summary
Receipt (any document confirming payment is also accepted)
 
This document;


• Can be transferred to other people or institutions
• It can be rented to other people or institutions with a license.
• Transferable by inheritance
• Can be pawned


Utility Model Supports


The Utility Model can receive support from the following institutions or organizations and the like; may be exempted from taxes. How the process will work and what is required are explained by the laws numbered in the regulations. It is known that for a while, a budget has been allocated for this area for government supports and supports from different institutions in order to increase utility model registrations.


KOSGEB (it publishes support data and amounts on its website by making calculations according to the number of useful models)
TUBITAK
Ministries
Regional Supports


Utility Model Benefits


o Available in a short time and at low cost
o Provides protection for the invention
o Providing comfort to small or medium-sized companies
o Encouraging the institutions and organizations that do not protect themselves to the procedure with the convenience of obtaining documents
o Avoid imitation by competitors
o Serving the economic maintenance of the organizations that have acquired the utility model
o Encourage more inventions 

We can state some of the issues that distinguish the two concepts we mentioned as follows:

1. Patents require a condition called ´inventive step´, but this is not included in the utility model conditions.
2. While patent protection can be provided for biological and biotechnological products, chemical substances, and pharmaceuticals, these cannot be linked to utility models.
3. Additional patent certificate is given for patents. For utility models, there is no additional utility model certificate.
4. An examination report is required when obtaining a patent, but such a thing is not needed in the utility model process.
5. The protection period for utility models is ten years, and patents are twenty years.
How to Apply for a Patent and Utility Model?



As a company with extensive knowledge, experience and competence regarding applications for patent acquisition and utility model ownership, the registration process and post-registration procedures, we meet all needs in this regard with our proactive solutions. We also know well what action people should follow in case of violation of these rights. By providing professional consultancy and guidance on this issue, we enable people to protect their utility model and patent rights.

When I do this; First, we determine whether your invention should be registered as a patent or a utility model before the Turkish Patent and Trademark Office. We proceed within the framework of relevant legal and legal regulations, especially the Industrial Property Law, and do not forget that even the slightest mistake can have major negative consequences for your brand and invention.

At this point, it enables you to carry out the necessary operations without any errors or omissions; We help you deliver specifications, requests and all similar documents to the relevant institution as requested. We provide qualified services regarding the registration of all your industrial and intellectual property rights and the follow-up of all transactions required by them.

We act with you from the beginning to the end of the process and never leave you alone in this exciting and critical journey.

You too; If you want to protect your inventions, grow quickly, and create permanent values in trade, you can apply to our company for patent and utility model applications.

For more, please call us via our phone number on our website. Aşan Consultancy will offer you expert support in almost every city in Türkiye and the world. You can also follow our company´s INSTAGRAM account for our certification campaigns.