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| The utility model system is characterized by simple and quick registration of rights and a short protection period (10 years). The utility model system protects such inventions that relate to the shape or structure of devices. |
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| The filing procedures for registering a utility model are practically the same as those for a patent. Utility model applications, however, require one or more drawings to be attached, as utility model protection is directed toward devices. |
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Under the Utility Model Act revised in 1999, utility models are registered without technical examination in order to promote the R&D function of small and medium-sized enterprises. A utility model application that meets formality requirements is registered without examination.
If a utility model owner wishes to enforce utility model rights against an unauthorized third party infringement, he or she must request a technical examination of the registered model, and obtain an Examiner's Decision to maintain the model rights. Thereafter those rights are enforceable against the infringing third party. |
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| An invention that is claimed in a patent application can be granted utility model registration through a dual application system. Likewise, a device that is claimed in a registered utility model or a utility model application can be patented as far as it is eligible for a patent. This allows applicants to obtain utility model rights as early as possible and exercise their rights for a longer period of time under the patent system. |
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| The term of a registered utility model ends 10 years after its filing date. |