| The invention standard under patent system | | | | · Patent protection is available in almost all major |
| requires novelty, non-obvious and capable of | | | | countries. |
| industrial application. Whereas the invention | | | | · Patent protection is actively used. |
| standard under utility model is lowed to an | | | | · Conversion of patent in to utility model is |
| 'innovative step'. For example an innovation patent | | | | always possible |
| can use products or inventions that have already | | | | Utility Model |
| been invented in a new and innovative way to | | | | · The invention which has mainly novelty, but |
| solve a particular problem. | | | | less or absent in inventive step can be protected. |
| The following points differentiate between Patent | | | | · All marginal improvement invention can be |
| and Utility Model | | | | protected. |
| Patents | | | | · The term of protection is between 7 and 10 |
| · The invention which has novel, inventive step | | | | years from the date of filing. |
| and industrial application can be protected. | | | | · The cost to obtain and maintain it is cheaper. |
| · All new invention or substantial improvement | | | | · It does not require substantive examination |
| invention can be protected. | | | | procedure, as it does not require inventive step. |
| · The term of protection is 20 years from the | | | | · To obtain it, requires only less time in the |
| date of filing. | | | | range of 6 months to 1 year. |
| · The cost to obtain and maintain the patent is | | | | · Protection is available only in some countries |
| very expensive. | | | | based on the technology. |
| · It requires substantive examination of patent | | | | · Protection is less actively used. |
| application to validate patentability. | | | | · Converting it in to a patent is possible under |
| · Longer time [2 to 5 years] is required to obtain | | | | certain circumstances. |
| a patent. | | | | |