Legal protection of a utility model is granted through registration with the Patent Office. Registration shall take effect in respect of third parties from the date of publication in the Official Gazette of the Patent Office.
The right of registration belongs to the person who has the right to apply according to art. 13 of the APRUM.
The following shall not be considered useful models
The human body, at the various stages of its formation and development, as well as the simple discovery of one of its elements, including the sequence or the partial sequence of a gene, may not constitute a patentable invention. Any element isolated from the human body or otherwise produced by means of a technical process, including the sequence or the partial sequence of a gene, may constitute a patentable invention, even if the structure of this element is identical to that of a natural element.
Biotechnological inventions within the meaning of Art. 7a of APRUM, methods, chemical compounds or their use, as well as the objects under Art. 7 of the APRUM shall not be registered as utility models.
The product claim according to art. 19, para. 4 LPRPM refers to a physical object (article, device, machine or system of interacting devices, as well as to substances or compositions). Product claims include elements, components, connections and / or relationships between elements, their relative position, materials from which the elements are made, and other features of the product, such as result, function, etc., in cases where this is necessary for a clearer and more precise definition of its nature.
Advantages of protection with a utility model registration certificate
The utility model registration certificate grants the holder exclusive rights, ie. the right to prohibit the use of the invention subject to the patent by third parties for a certain period of time (10 years from the date of submission of the application for registration of a utility model) without his/her permission in the territory in which the registration has effect. The exclusive right to the registered utility model includes the right to use the utility model, the prohibition of third parties to use it without the consent of the license holder and the right to dispose of the utility model registration certificate.
The legal scope of protection is determined by the claims in the issued utility registration certificate.
The effect of the patent does not extend to: