Utility innovation, also known as "utility model" or "innovation patent" refers to an improved process or method of an existing invention. A utility innovation gives protection for an invention that normally has a short commercial life and is technically less complex. The requirements for utility innovation are less stringent as compared to patent.

In order to be register for utility innovation has to be new within the country of application and industrially applicable. The element of inventive step is not required for the registration of utility innovation.

Duration Of Protection:

A utility innovation is protected for 10 years from the date of application (or priority, whichever is earlier), renewable for two consecutive terms of five years each.

The following items are not patentable:

1. Discoveries, scientific theories and mathematical methods;
2. Plant or animal varieties, biological processes for the production of plants or animals (other than man- made living micro organisms);
3. Schemes, rules or methods for doing business, performing purely mental acts or playing games; and
4. Diagnostic, surgical and therapy for the treatment of human or animal.

Security Check

1. A resident must first apply for protection in their country of origin before making an patent application in a foreign country.

Patent rights may be enforced only if the patent has been granted.

Once a patent has been granted, the owner has the right to exclude others from making or distributing your invention.

Should a person utilize such invention without the consent of the patent proprietor, such person is liable to the infringement of that patent.

It is also an infringement when a party disposes of, offers to dispose of, uses or imports any product obtained directly by means of that process or possess any such product either for disposal or otherwise.

In exercising his rights, a patent owner can take civil legal action against an infringing party, seeking relief in the form of an injunction to stop the infringing action, demand for the profits gained by the infringing party at his expense and/or, seek damages for the loss suffered.

It is possible to apply to have a patent revoked after its registration.

The grounds on which a patent may be revoked are set out in Section 56 of the Patents Act 1983 which stated that if:

1. The invention is not a patentable invention;
2. The patent was granted to a person who was not entitled to that patent;
3. The specification of the patent does not disclose the invention clearly enough and completely enough for it to be performed by a person skilled in the art; or
4. The material in the patent extends beyond the material in the application as filed.

It is set in law that any person can apply to have a patent revoked regardless of whether or not they hold an interest in that patent being revoked.