Balicki, Marcin --- "Utility model protection in Europe - an alternative for a patent or an anachronism?" [ 2019] ELECD 1411 ; in Frankel, Susy (ed), "Is Intellectual Property Pluralism Functional?" (Edward Elgar Publishing, 2019) 402

Book Title: Is Intellectual Property Pluralism Functional?

Editor(s): Frankel, Susy

Publisher: Edward Elgar Publishing

Section: Chapter 16

Section Title: Utility model protection in Europe – an alternative for a patent or an anachronism?

Author(s): Balicki, Marcin

Number of pages: 25

Abstract/Description:

In patent systems of many European countries, in addition to a patent for the invention, there is ‘second-tier patent protection’. In general these are an exclusive right granted for a new technical solution, which is not a patentable invention, mostly because it lacks inventive step. The most recognisable example of such a protection regime is the utility model. This chapter presents the origin of the second-order patent protection, factors affecting its formation, and its most characteristic features (object of protection, the scope of protection, conditions necessary for obtaining it, as well as different application proceedings), mainly using the examples of the Polish, German, Irish, and French legal orders. Moreover, the usage of second-tier patent protection regime in mentioned countries is presented. Finally, the author analyses whether in modern patent systems of European countries utility model protection is an alternative for a patent or an anachronism.