PATENT AND UTILITY MODELS
What is a Patent?
A patent is an exclusive right issued by a government to an inventor or applicant for his/her/their invention which is new, inventive, and industrially applicable. (https://www.ipophil.gov.ph/patent/). The invention is a technical solution to a human problem, that may be in the form of a product, or process.
What is a Utility Model?
An utility model is an exclusive right issued by a government to a maker or applicant for his/her/their innovation which is new, and industrially applicable. (https://www.ipophil.gov.ph/services/utility-model/). The innovation is any technical solution to a human problem that may be in the form of a product, or a process.
Patent vs Utility Model
The primary difference between the two is the requirement of “inventive” for patents. This refers to the obviousness of the technical solution in view of what is already publicly available references. The point of view used to evaluate the obviousness is from a person skilled in the art (PSA). A PSA is a non-existent person that knows everything that can be known at a given time. Example of obviousness and non-obviousness is shown below:
A. Obvious
1. Prior art 1: Paper straw for drinking beverage
2. Prior art 2: Wax is known to be resistant to liquid
3. Problem: Paper straw degrades while in use
4. Alleged Invention: Paper straw coated with wax in the outer layer to resist degradation while in use.
B. Non-Obvious
1. Prior art 1: Comb with teeth for combing hair on a head
2. Prior art 2: Plastic used for the teeth is smooth and slippery to prevent hair entanglement
3. Problem: Hair is still entangled with combs made from Prior art 1 and 2.
4. Granted Invention: Comb uses metallic teeth that rotates at their bases (US Patent Number 4187866
There is also a difference in the examination procedure between the two. Patents undergo formality and substantive examination procedures. While, utility models only undergo formality examination procedure. This results to a quicker allowance and release of registration for utility models over patents.
Even though utility models are granted quicker than patents, they only have seven (7) years life span while patents have twenty (20) years, both count starts on the filing date.
What is Considered Patentable?
As per Rule 201 of the Revised Implementing Rules and Regulations on Inventions, Utility Models and Industrial Designs, below are what are considered patentable.
a. A product, such as a machine, a device, an article of manufacture, a composition of matter, a microorganism;
b. A process, such as a method of use, a method of manufacturing, a non-biological process, a microbiological process;
c. Computer-related inventions; and
d. An improvement of any of the foregoing.
On the other end of the spectrum, there are non-patentable inventions as indicated by Rule 202 of the Revised Implementing Rules and Regulations on Inventions, Utility Models, and Industrial Designs such as:
a. Discoveries, scientific theories, mathematical methods, law of nature, scientific truth or knowledge as such;
b. Abstract idea or theories;
c. Schemes, rules, and method of performing mental acts and playing games;
d. Method of doing business;
e. Programs for computers;
f. Methods for treatment of human or animals;
g. Plant varieties, animal breeds or biological processes;
h. Aesthetic creations; and
i. Non-ethical or non-moral creations, contrary to public order and such.
What are the Benefits of Registering your Patent, Utility Model or Industrial Design?
This exclusive right awarded by registering for a patent, or utility model covers the right to sell, license, prevent others from using your invention/innovation or seek damages against a copycat or infringer.
It is also jurisdictional in nature which means that you can only benefit from patent protection where the patent is filed, and will not cover other countries where a patent was not filed.
Additionally, this exclusive right conferred by an utility model requires a registrability report from the Intellectual Property Office of the Philippines, confirming that your innovation is indeed new.
What are the Requirements in Filing a Patent, or Utility Model?
1. For Patent/Utility Model: Detailed description of your patent or utility model, a set of claims, abstract, and a set of formal drawings if there are any.
2. A priority document if priority is claimed (for international applications).
3. A signed Power of Attorney.
In the event that you do not have a ready-to-file detailed description and formal drawings, we can draft and prepare these documents for you. We will need you to describe in as much detail as you can your idea. For your guidance, we have a patent information collection form to be provided upon request.
For any further information or questions, please do not hesitate to contact us at aipph@accoladeip.com.
