UTILITY MODEL

Statutory provisions in parentheses correspond to the Utility Model Act or mutatis mutandis provisions in the Patent Act

1. APPLICATION

Utility model application needs all the same documents as those of patent application and please refer to patent application page!
1) Applicant (Pat. Arts. 33 & 25)

2) Formal Documents required at the Time of Filing Applications (Art. 8)

2. REGISTRABILITY OF UTILITY MODEL

1) Principle of Unity of Device and Requisites (Art. 9)

2) Object of Utility Model Registration and of Utility Model Devices (Arts. 4 & 6)

3) Requisites for Registrability of a Utility Model (Art. 4)

4) Utility Model for Plant Inventions

5) Utility Model Application related to Micro-organisms

6) Division and Conversion of Applications (Art. 10, Pat. Art. 52)

3. EXAMINATION

There is no difference between the patent application examination and the utility model application and please refer to patent application examination page!!
1) Principle of Examination

2) System of Request for Examination (Art. 12)

3) System of Preferential Examination (Pat. Art. 61)

4) System of Laying Open (Pat. Art. 64)

5) System of Publication (Pat. Art. 66)

6) System of Opposition (Pat. Art. 70)

7) Principle of Restriction of Amendment (Pat. Arts. 47, 49 & 50)

4. UTILITY MODEL FEE AND REGISTRATION OF UTILITY MODEL

1) Utility Model Fee (Art. 21)

2) Certificate of Utility Model Registration (Art. 19)

5. UTILITY MODEL RIGHT

There is no difference between the utility rights and the patent right except five(5) years shorter term than that of the patent rights.Please refer to the patent right page!
1) Generation of Utility Model Right (Art. 21)

2) Term of Utility Model Right (Art. 22)

3) Extension of Term of Utility Model Right

4) Effects and Extent of Protection of Utility Model Right (Art. 23)

5) License Right (Pat. Arts. 100 & 102)

6) Working of the Registered Utility Model and Compulsory Working Right (Art. 293, Pat. Art. 107)

6. PROTECTION OF UTILITY MODEL RIGHT OWNER AND LITIGATION
Please refer to patent rights protection page!

(Art. 30, Pat. Arts. 126 & 128)

7. LICENSE AGREEMENT

1) Exclusive License

2) Nonexclusive License

3) Necessary Documents

4) Government Approval of License Agreement

8. TRIAL AND APPEAL TRIAL (Ch. VI)

1) Invalidation Trial

2) Trial to Confirm the Scope of Utility Model Right

3) Trial for Correction

4) Trial for Granting Nonexclusive License

9. TRANSFER OR ASSIGNMENT OF UTILITY MODEL APPLICATION AND UTILITY MODEL RIGHT

All the procedure and necessary documents are same as those of patent application and rights transfer and please refer to patent transfer page!
1) Transfer of Utility Model Application (Pat. Art. 37)

2) Transfer of Utility Model Right (Pat. Art. 99)

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