Creating a 'Model' Utility Model Patent System: A Comparative Analysis of the Utility Model Patent Systems in Europe and China
IP Key Working Paper for China's State Intellectual Property Office
75 Pages Posted: 23 Dec 2014 Last revised: 18 Jun 2017
Date Written: December 1, 2014
Although it is difficult to create an optimal "model" of the exact types of every aspect of every country’s utility model patent system, this study illustrates that it is possible to create a useful legal, policy, and institutional framework based upon an understanding of the statutory, procedural, and institutional composition of utility model systems in Austria, China, the Czech Republic, Finland, France, Germany, and Italy; reasons behind the composition, including any revisions to, these systems; and usage of the systems. It also briefly discusses relevant experiences of Belgium and the Netherlands.
Keywords: utility model patent systems, comparative analysis, Europe, China, substantive law, procedural law, institutions, patent quality, innovation
JEL Classification: K19, K39, K49, O21, O34, O38, O39, O57
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