What is the Difference between Patent and Utility Model? Explained by a Patent Attorney of Ukraine

How does Utility Model differ from Patent?

First, the period of protection. Patent is protected for 20 years (but under certain circumstances, this protection can be extended for 5 more years). Utility Model is protected for 10 years.

Another difference is the limitation regarding subjet matter for Utility Model. Currently in Ukraine, Utility Model can only be a device or a process (method), while Patent can be a product or a process (method). We are talking specifically about a product, that is, a man-made material object, rather than just any material object. While a method is a set of certain actions (i.e. an algorithm) to meet the definition of a technological object. That is, it is a specific set of actions performed on a material object using products.

What other differences are there between Patent and Utility Model?

It is the registration procedure itself. While Patent undergoes both formal and substantive examination, where the substantive examination determines compliance with patentability requirements (for aPatent, these are novelty, inventive step, and industrial applicability). The registration procedure for Utility Model does not include substantive examination. A utility model application undergoes only formal examination. That is, compliance with the requirements of novelty or industrial applicability is not verified. Furthermore, another difference is the absence of an inventive step requirement for Utility Model.