Utility model vs patent is a real choice for SMEs with incremental product improvements: a utility model usually lasts 10 years instead of 20, but it can be obtained faster and at a fraction of the cost because, in countries such as Spain and Germany, novelty and inventive step are not examined before registration. The catch is that its validity is tested later, when you try to enforce it. This guide compares utility models in Spain, Germany, OAPI and the main Latin American systems so you can decide where they belong in a corridor portfolio.<\/p>\n
A utility model is an exclusive right over a technical invention, typically a new shape, structure or arrangement of a product that gives it a practical advantage. Spain’s Patents Act defines protectable subject matter as inventions that are new, involve an inventive step and give an object or product “a configuration, structure or composition” with an appreciable practical advantage for its use or manufacture (Law 24\/2015, Article 137<\/a>). The Andean Community uses a similar definition based on a new form, configuration or arrangement of elements (Decision 486, Article 81<\/a>).<\/p>\n The trade-off against a patent is consistent: shorter protection and narrower subject matter in exchange for speed and lower cost. Where there is no examination, the right is quicker to get but easier to challenge.<\/p>\nUtility model vs patent: comparison by jurisdiction<\/h2>\n