Through the utility model, it is possible to protect a new technical solution, to go beyond the framework of professional ability and be applied in industry. Inventions, scientific theories, mathematical methods, simple external adaptations of products (for aesthetic purposes), plans, laws and methods of exercising intellectual activity, computer programs, information indicators are not considered a technical solution. Protection cannot be granted for technical solutions in conflict with public order, in particular for the moral principles of humanity, as well as for the prevention, diagnosis and treatment of animals and humans, plant and animal varieties and the biological reproduction of materials and production processes or work activities.
Utility models are registered according to the so-called registration principle, where the office registers the respective model in the register without examining the criteria of innovation and creative level, for example, whether it should be protected or not. This is the main achievement that distinguishes utility model from the patent system.
Since registering a utility model in the Office provides the opportunity to increase protection, the effects of which fully correspond to that of the patent, the utility model provides the opportunity to seek protection for a solution by being able to register in a faster way that of the patent. This is especially important for objects that are in time to enter the market, while in the event of a relatively long patent application procedure they would remain unprotected.
Without the owner’s approval of the utility model, no one may manufacture or market the protected technical solution. Identical to the case of a patent owner, the owner of a utility model is authorized to obtain approval for the use of the respective utility model (license) to other persons or transfer the utility model to them.
A patent application may be turned, at the written request of the applicant, into a utility model application, as long as the patent has not been granted by the GDIP.
The handling of utility models is the same as the handling of patents. Unlike patents, the protection deadline of a utility model is 10 years from the date of filing the application.
DECISION NO.1707, OF THE COUNCIL OF MINISTERS, ON THE APPROVAL OF THE REGULATION "ON THE ISSUANCE OF PATENTS FOR INVENTIONS AND MODELS OF USE",