Utility model or patent?

Why choose a utility model?

A utility model is intended for inventions that do not reach the same level of invention than patentable inventions do, but which, however, quickly need a shorter protection period than patents offer. Patentable inventions can also be protected by a utility model.

Utility model protection is less expensive than the protection provided by patents and its protection period of not more than 10 years is shorter than that of a patent. You should apply for a utility model if the life cycle of your invention is short, or if the profit made on it does not cover the patenting costs.

How to convert a patent application into a utility model application

You can apply for both a patent and a utility model at the same time. You can also first apply for a patent and then convert the patent application into a utility model application, if it seems that no patent can be obtained, because the invention does not involve enough of an inventive step, but it does, however, distinctly differ from known technology.

The original filing date remains the same when a patent application is converted into a utility model application. The conversion must be done before the patent application has lapsed, in other words, before it has been rejected, withdrawn, or dismissed.

The most convenient way to convert an application is to:

• Photocopy the description and drawings in the patent application.
• Rename heading ‘Patenttivaatimukset’ (Patent Claims) to be called ‘Suojavaatimukset’ (Claims) and enclose the claims.
• Leave out the abstract.
• Fill in the utility model application form and enter the original patent application number and filing date in item ‘Muunnettu patenttihakemuksesta’ (Converted from a patent application).
• Pay the application fee.

If the patent application includes patent claims that concern a process, they have to be left out of the claims in the utility model application.