Innovation and Rights - Developing Biomedical Devices: Design, Innovation and Protection - page 32

DE

Publication

PC Tfiling

EP

0 12 16 18 22 2830

US

IPRP

Priority request
IT, UK, CN

ISR + Written
Opinion

Demand
(optional)

AU

National or
Regional Phases

Fig. 3.3 The PCT procedure and its timing (in months)

The PCT system simplifies multinational filing procedures and allows postpon-
ing spending. On the other hand, it implies an increase of overall costs. A general
suggestion is to apply for a national patent in one's own country and then choose
the next procedure among the following:

• apply for a European patent and ile separate national applications in non-Euro-
pean countries;
• apply for a PCT patent including the European patent;
• apply for national patents.

3.2.7 Utility Models

If compared to other industrial property rights, there is no harmonized (interna-
tional or European) legislation on utility models. Only the Paris Convention
(1883) hints at them and sets out some general rules, such as national treatment
to non-resident holders and temporary protection in international fairs. Therefore,
a utility model can be protected on a national basis, but such protection is not pro-
vided for by the laws of all states.
Utility models and patents protect different aspects of innovation. A patent for
industrial invention refers to a new invention, provided with non-obviousness and
liable of industrial application, whereas a utility model consists of an improvement
in the object's shape, which does not constitute a solution to a technical problem,
but rather confers a particular utility to an already existing product [ 14 ].
The improvement obtained by the shape provides the product with an immedi-
ately evident higher effectiveness and/or ease of use compared to known products,
but does not transform the object into something substantially new and different.
A utility model has a shorter duration than a patent: in Italy, its duration is
10 years from the filing date and it is not subject to any examination.
A utility model may also be extended as European patent application.