DEFFERANCE BETWEEN "PATENT" AND "UTILITY PATENT"

PATENT: is given to an invention which has the following three elements:

1. NOVEL,

2. INVENTIVE STEP and

3. INDUSTRIAL APPLICATION

So all new inventions and substantial improvement invention can be protected through PATENT

The term of protection for a PATENT is 20years. (From priority date i.e. date of filing of application).

The cost of registering a Patent varies (but as compared with the Utility patent is very expensive)

Patent office performs a substantive examination of Patent application to validate Patentability

Finally, conversion of patent in to Utility Model is always possible.


WHEREAS

UTILITY PATENT: is an invention which lacks inventive step, in other words, the invention which has mainly novelty, but less or absent in inventive step.

Only marginal improvement invention can be protected through UTILITY PATENT

UTILITY PATENT are given a protection period of 7 to 10 Years (From the Priority date).

As stated above, the cost of obtaining a Utility Patent is less.

No such substantive examination procedure as compared to PATENT, as it does not require inventive step.

Conversion of utility Patent to Patent is possible in under certain circumstances