[6] A utility model is a statutory exclusive right granted for a limited period of time (the so-called "term") in exchange for an inventor providing sufficient teaching of his or her invention to permit a person of ordinary skill in the relevant art to perform the invention.
For example, in some countries, methods (i.e., processes), chemical substances, plants and animals are barred from utility model protection.
Innovation patents have a maximum term of eight years subject to payment of annual renewal fees payable from the second anniversary of the date of filing.
The state of the art comprises any knowledge made available to the public by means of a written description or by use within Germany before the date relevant for the priority of the application.
[13] In Italy, a utility model (in Italian: 'Modello d'utilità') is considered to be new if it does not form part of the state of the art.
Foreign companies/residents must indicate an address of service in Italy, that may correspond to the domicile of a lawyer or, as always occurs, a chartered patent attorney.
[15] In Japan, a utility model is considered to be new if it has not been made available to the public by means of a written description or by use before the date relevant for the priority of the application (same as for patents).
Japanese utility models are not subject to substantive examination, but the owner must request one or more "reports on technical opinion" before instituting infringement proceedings.
The main advantage of a utility model in Russia is a very short prosecution time (usually, no more than 6 moths) and a low cost.
In contrast, for patents, that requirement is defined as "obvious", which means that it is softer for utility models due to the introduction of the term "very".
The exclusions from the scope of protection of utility models are processes, inventions aimed at biological matter, and pharmaceutical substances and compositions intended for use as a medicament in human or veterinary medicine.
(†) The members of ARIPO (Lusaka Agreement) are: Botswana, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Sierra Leone, Somalia, Sudan, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe.
[112] (+) A Malaysian Utility Innovation cannot be filed directly from a PCT, but it can be interconverted from a national phase patent application.
(‡) The members of OAPI are: Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Côte d'Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Senegal and Togo.