In some countries,  there is a  system similar to the patent system, that provides protection to so called “minor inventions” is called as a “Utility Model”. In a local innovation system, recognizing  minor improvements of existing products, which does not fulfill the patentability qualifications but  may have an important role in the  system . 

Utility models  protects  such inventions through granting an exclusive right, which allows the right holder to prevent others from commercially using the protected invention, without his authorization, for a limited period of time.  Utility model systems require compliance with less stringent requirements in comparison to patents.  They have simpler procedures & offer shorter term of protection .

Utility patents  are also known as petty patents, are exclusive rights granted for innovative utilitarian inventions that do not reach the level of inventive depth, required for patents and are, therefore, accorded protection for a shorter time period. 

 A utility model is similar to a patent in that it provides a monopoly right for an invention. However, utility models tend to be much cheaper to obtain, the requirements for grant of a utility model are usually less stringent and the term is shorter .

They are designed primarily to respond to the needs of local innovators, requirements and procedures for obtaining protection and the duration of protection vary from one country to another. The Department of Industrial Policy & Promotion (DIPP) is not in favour of changing the country’s patents law to allow grant of utility patents, as suggested by the think-tank set up by the government to draft a national intellectual property rights (IPR) policy.  The department argues that this less-stringent form of intellectual property protection could lead to ever-greening of patents.

EVERGREENING OF PATENTS

In the pharmaceutical trade, when brand-name companies patent “new inventions” that are really just slight modifications of old drugs, it’s called “evergreening.” And it is not useful to the health of the people .  Typically, when companies  evergreen something, they are not looking at any significant therapeutic advantage. They are looking at a company’s economic advantage . The response from the brand side is that they are trying to protect their markets so they can further invest in R&D .

According to Paul Herrling, chair of the board of the Novartis Institute for Tropical Diseases in Singapore, ‘ India’s concept of evergreening is somewhat overreaching. According to its patent law, a new version of an old drug must demonstrate improved efficacy to merit a patent monopoly but according to him , if it doesn’t provide the slightest advantage to patients, it does not deserve protection.’ 

Utility patents will be like encouraging ever-greening of patents in the industrial sector.  

One can just take an existing product, design it more efficiently and get a utility patent. 

According to the draft policy, utility models should be recognised as a form of IP and a new law on utility models should be enacted to facilitate protection of small inventions.  

 The industrial property was first recognized in the Paris Convention for the protection of Industrial Property, which was established  in 1883 and revised many times since then but lastly amended on September 28, 1979, provides for the protection of utility models .

India joined the Paris Convention on December 8, 1998 & became bound to the provisions of this convention 

A commerce & industry ministry discussion paper on ‘utility models’ in 2011 pointed out that several international pacts such as the Patent Cooperation Treaty, TRIPS & the Paris Convention for protection of IPRs have given recognition to the ‘utility model’. 

‘Utility models ’ are mainly aimed helping micro and small enterprises, grass-root-level innovators, artisans, NGOs , organizations like the National Innovation Foundation, as well as universities and schools.  

 Utility models are sometimes referred to as ‘short-term patents’, ‘utility innovations’ or ‘innovation patents’. 

 Utility models are jurisdictional, meaning that the right can be enforced only within the country in which a utility model is granted.  

Utility models tend to be much cheaper to obtain and maintain than patents.

In some countries, there is a grace period for utility models for an inventor’s own disclosures, which is not usually available for patents. 

 Most countries will only grant utility models for products but not for methods or processes.  

There are a wide variety of situations in which a utility model may be useful. 

Because the novelty &  inventive step requirements are less stringent than those required for patents, utility models can be useful for incremental inventions where only a small change has been made and which might not meet the inventive step requirements for a patent.