Utility patents are relatively short-term rights granted for inventions that may not qualify under the stringent criteria of patentability like inventive step, or non-obviousness, but are inventions in their own consideration. Like patents, utility patents also give exclusive rights to the inventor, allowing him or her to prevent others from commercially using the invention without consent, for a limited period of time.
Many international instruments have recognised the importance of utility patents. Paris Convention recognises utility patents as industrial property and states “this convention applies to industrial property in the widest sense, including patents, trademarks, industrial designs, utility models (a kind of ‘small-scale patent’ provided for by the laws of some countries)”.
The concept
The concept of utility patent is also well recognised under the Patent Co-operation Treaty (PCT). Article 2 (ii) says “references to a ‘patent’ shall be construed as references to patents for inventions, inventors’ certificates, utility certificates, utility models, patents or certificates of addition, inventors’ certificates of addition, and utility certificates of addition”.
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Manisha Singh Nair is a partner and Zoya Nafis is an associate at LexOrbis
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