Utility Model Scope and Duration
Protection for a utility model is obtained by registering the invention. The registration of a utility model is valid for a period of four years from the filing date. If further protection is desired, the registration must be renewed. Renewal is possible initially for a period of four years, and thereafter for a further two year. Thus, the maximum period of validity of a utility model is 10 years.
Also during the term of validity of the protection, anyone can request the registration to be declared invalid, among others on the grounds that the invention is not sufficiently novel or inventive. The claimant must pay the fee set by the National Board of Patents and Registration, following which the NBPR will forward the request to the holder of the utility model.
The holder of the utility model is entitled to respond to the claim within three months. The holder must oppose the request in writing, if he/she wishes to maintain the registration in force. There is no need to provide evidence in support of such opposition. Thereafter, the NBPR will examine the claims and issue a decision. A decision to declare a utility model invalid can be appealed to the Market Court within 60 days.
Otherwise, the protection offered to a utility model has significant likenesses with patent protection [188.8.131.52 Patent Scope, Duration and Maintenance]. Also, infringements of utility model rights correspond to the patent law system [184.108.40.206 Patent Infringements]