Utility models

Utility model or a patent?

Patent and utility model are means of legal protection of inventions and technical solutions. The main differences between the patent system and the utility model system under the legislation in force in Slovakia are set out in the table below.

Parameter	Patent	Utility model
Validity	max. 20 years (from filling an application)	max. 10 years (from filling an application)
Fees* first 4 years: till 10 years: till 20 years:	510 EUR 1 550 EUR 6 550 EUR	60 EUR 660 EUR –
Processing application	usually more than 3 years	usually within 9 months (if no objections have been filed)
Publishing	after 18 months from the creation of the right of priority	usually within 6 months from filling an application
Process	– preliminary examination (especially formalities) – publication of the application – full examination (patentability) – grant of the patent and issue of the patent document (if the application meets the conditions)	– examination of registrability (especially formal requirements) – publication of the application – proceedings on objections to registration (if filed) – entry of the utility model in the register and issue of a certificate of registration (if the application meets the conditions)

* The above fees apply if the applicant is the originator or co-inventors, there are no more than 10 claims in the patent application, and the issuance of the patent document is up to 10 typewritten pages or drawings; in other cases, the fees may be higher.

 

You can take advantage of both types of industrial law protection by filing a utility model application and a patent application for the same invention or technical solution at the same time.

By filing a utility model application, you can obtain, in a relatively short time and for a low fee, a certificate of registration of the utility model and protection of your invention or technical solution pending the decision on the concurrently filed patent application. After the eventual grant of a patent for the same invention or technical solution, you may decide not to renew the utility model registration and to continue to maintain only the patent. In the event that the patent for the invention is not granted, your registered utility model may remain valid.

Other options are so-called diverging from a patent application to a utility model application or vice versa. You can use a patent to utility model application divert if, for example, only a patent application has been filed and it has been rejected or the proceedings have been discontinued (e.g. due to a failure to file a request for a full examination within the statutory time limit). The conversion from a patent application to a utility model application is possible within 2 months of the final decision on the patent application, but at the latest within 10 years of the filing of the application.

You can opt out of a utility model application for a patent application if, during the pendency of the application, you consider that protection by a utility model will not be sufficient, e.g. if the subject matter of the protection will be usable for a longer period of time - which is allowed by patent protection. You can switch from a utility model application to a patent application within 2 months of the final decision on the utility model application, but no later than 36 months after the filing of the utility model application.

In the event of a divergence, the Office shall grant the application the filing date and, where appropriate, the priority of the earlier filed application.