Preliminary communication
https://doi.org/10.25234/pv/14881
THE UTILITY MODEL AS A NEW FORM FOR THE PROTECTION OF INVENTIONS
Dionis Jurić
orcid.org/0000-0001-7725-7531
; Faculty of Law, University of Rijeka, Hahlić 6, 51000 Rijeka, Croatia
Abstract
The utility model is a new form for the protection of inventions introduced in the Croatian law by the Patent Act of 2020. It entitles the utility model owner to exclusive right to use and dispose of the invention that is the subject of protection from the date of publication of the utility model registration. The utility model protection validity is ten years from the date of submission of the utility model application, with the payment of the annual maintenance fee. The utility model registration procedure is initiated by a special application. The State Intellectual Property Office examines its conformity with the law and does not examine the novelty, inventive step and industrial applicability of the invention. It does not compose the search report of the state of the art. Certain inventions cannot be protected by the utility model. The Patent Act allows branching off a utility model application from a patent application for the same invention. It also allows conversion of the patent application to a utility model application and vice versa. The utility model owner may request a full examination of the protected invention by the State Intellectual Property Office and conversion of the utility model into a patent. This request may be submitted no later than the end of the seventh year of the validity of the utility model protection. Third parties may request the declaration of nullity of the utility model during the whole period of its validity. The utility model owner is not entitled to sue the persons who infringe his exclusive rights.
Keywords
utility model; registration procedure; conversion of the application; conversion in a patent; declaration of nullity; right on lawsuit
Hrčak ID:
269529
URI
Publication date:
29.12.2021.
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