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Utility model
From Wikipedia, the free encyclopedia
A utility model is an intellectual property right to protect inventions. This right is available in a number of national legislations, such as Argentina, Austria, Brazil, Chile, China, Finland, France, Germany, Italy, Japan, Mexico, Morocco, Poland, Portugal, South Korea, Spain and Taiwan. It is very similar to the patent, but usually has a shorter term (often 6 or 10 years) and less stringent patentability requirements.
The German and Austrian utility model is called the "Gebrauchsmuster", which influenced some other countries' such as in Japan.
In Spain, the novelty requirement for obtaining a utility model (Spanish: modelo de utilidad) is "relative", i.e. only public written disclosure of the invention in Spain is prejudicial against the novelty of the invention claimed in the utility model. This is in sharp contrast with Spanish patents for which absolute novelty is required. What constitutes a "disclosure of the invention in Spain" has been the subject of two recent decisions of the Spanish Supreme Court (RJ 1996/7239 "Scott c. Sarrió y Sarrió Tisú" and RJ 2004/2740 "PEMSA c. Interflex").
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