Utility model

Similar to a patent, a utility model gives you the right to forbid others from using your invention commercially. A utility model can be obtained rapidly, within a few months, so it is an excellent choice for an invention that is relatively simple, or that has a short expected lifecycle.

Key requirement: A new, clearly distinctive invention

Your invention must be new, which means that an identical solution has not been disclosed before you file the application. Your invention must also differ clearly from the state of the art, so that it cannot be merely an obvious or trivial modification of an existing solution. However, the requirements for inventive step are not as demanding as for a patentable invention.

Concrete, technical innovations

In order to be protected with a utility model, the invention must be a technical solution to a technical problem, so it cannot be only a design feature (cf. design right), or a purely a business process.

Utility models can only be issued for a device, product, chemical compound, pharmaceutical product or other concrete solution. Processes and abstract ideas do not qualify for utility model protection. It is also important to note that a single utility model can only be directed towards one invention.

Validity and conversion

The official fees of utility model registration are relatively affordable. However, the attorney expenses of drafting and prosecuting the application are comparable to those of a patent application. innovation voucher funding provided by Business Finland can be used to cover the costs of utility model applications.

A utility model can be kept in force for a maximum of ten years from the application filing date, provided that the appropriate annuities are paid. A pending patent application that is less than ten years old can be converted into a utility model application.

The 1-2-3 of utility model registration

Phase 1: Application

The first task in registering a utility model is drafting the application. The application presents your invention in detail, and sets out the claims and scope of protection for its characteristic features.

We recommend using the services of an agent to draft and prosecute your application, so that the formal aspects of the process (documentation, illustrations, application form, authorizations, assignment documents, payments etc.) are handled correctly right from the start. Our agent will file your application with the Finnish Patent and Registration Office, or convert your existing patent application using the appropriate form.

Phase 2: Registration

Utility model registration is a formal process, meaning that the novelty and inventive step of your invention are not evaluated unless specifically requested. If your application requires additional information, the Patent and Registration Office will issue an office action and send it to you or your agent. Office actions are resolved by submitting a response that addresses the required details. At this point, the required translations are also submitted to the office.

Once your application is formally acceptable, the Patent and Registration Office will enter your accepted utility model into the official register and provide you with a certificate of the registration. The protection period of your utility model will commence from the date of registration, and at this time your application documents will also become public.

Phase 3: Right of denial

After your utility model has been registered, you can exercise your right to deny others from using your invention by bringing an infringement suit before the Market Court. On the other hand, once the utility model has been registered, anyone is free to demand the invalidation of your registration by lodging an invalidation claim against it with the Patent and Registration Office. Legitimate grounds for invalidating a utility model include e.g. lack of novelty, or an insufficiently clear description of the invention in the application.

The registration of a utility model is valid for four years from the date of filing. The registration can be renewed once for four years and after that for an additional two years, so the total registration period can be a maximum of ten years.