We suggest to our clients to file a patent application rather than a utility model application. The main reason for this advice is that registrability is not clear with a Utility Model because there is no examination. In contrast, a patent is examined therefore the right of a patent is much clearer.
The primary benefit of a utility model is quick registration. For example, a utility model is sometimes used when applicants want to register an invention and enforce it first. However, patent examination can be accelerated and an invention is registered within 6-9 months if there are no patentability issues. Therefore we usually suggest filing a patent.
(1) Necessary Information for Filing a Utility Model
Title of the Utility Model
Name and Address of the Inventor
Name, address, nationality, and telephone number of the applicant
When claiming priority we also require:
Date and Country (Office) of filing
An application number and certified copy can be submitted at a later date.
(2) Time Schedule
If the application satisfies the requirements of preliminary examination it will be registered without substantive examination. From our experience, a utility model application is normally registered within 6 months from the filing date. The registration fee and the annuity fees for the first three years also have to be paid when paying the filing fee.