A utility certificate, also known as a utility model, is an industrial property right often considered a “lightweight patent.” It protects an invention and grants its owner a monopoly on its use within a defined territory.
This monopoly generally lasts for a shorter period than a patent: in France, for example, it lasts 10 years, compared with 20 years for a patent, subject to annual fees. As with a patent, this exclusivity is granted in exchange for disclosure of the invention. Protection is limited to the territory of the issuing country: thus, the French utility certificate covers only France. The name varies from country to country: in the United States and the United Kingdom, for example, they are referred to as “utility certificates” or “utility models.”
To obtain a utility certificate or model and the associated monopoly, a natural or legal person must apply to the competent office. Generally, this application is subject to a simple formal examination: no substantive examination is conducted, and no search report is prepared.
However, even without substantive examination, the patentability criteria apply in the same way as for a patent: the invention must be new, involve an inventive step, be capable of industrial application, and be an invention. Thus, in the event of a dispute, certain countries—such as France—require a search report to verify that these criteria are met.