Innovation and design are fundamental pillars in product development across various industries. In Peru, the Directorate of Inventions and New Technologies of INDECOPI offers different protection mechanisms for creations, including Invention Patents, Utility Models, and Industrial Designs. Each of these registrations has specific characteristics depending on the type of innovation that needs protection.
Differences between Invention Patents and Utility Models
Invention Patents are intended to protect products or processes that present an inventive level, meaning they solve a technical problem that has not been previously addressed.
On the other hand, Utility Models protect functional or structural improvements introduced in an object, provided they offer a new technical advantage. Unlike invention patents, utility models do not require demonstrating an inventive level, only that the modification provides an advantage over existing solutions.
What is a Utility Model?
According to Decision 486 – Article 81, a Utility Model protects:
“Any new form, configuration, or arrangement of elements in an artifact, tool, instrument, mechanism, or other object that provides an improvement in operation, use, or manufacturing.”
This type of protection is ideal for developments that, while not entirely new, present significant technical improvements.
Criteria for Registration
- Novelty: It must not exist in the state of the art.
- Technical Advantage: It must offer a functional or structural improvement.
Protection Period and Processing Time
- Duration of protection: 10 years.
- Processing time: 2 to 3 years.
Example of a Utility Model
A practical example of a utility model could be an ice tray with a lid, designed to facilitate effortless ice removal.
What is an Industrial Design?
Industrial Designs protect the external appearance of a product, including its shape, texture, colors, and configuration, without affecting its function.
According to Decision 486 – Article 113, an industrial design protects:
“Any arrangement of lines, combination of colors, or three-dimensional shape that gives a unique appearance to a product without modifying its functional purpose.”
Criteria for Registration
- Novelty: It must not have been previously disclosed.
In Peru, the patent office does not conduct a thorough novelty examination unless the design is clearly lacking this characteristic or if an opposition is filed during the process (Article 124 of Decision 486).
Protection Period and Processing Time
- Duration of protection: 10 years.
- Processing time: 6 to 9 months.
Example of an Industrial Design
An example of an industrial design could be a confectionery container with an innovative shape, whose visual appeal differentiates it in the market.
Conclusion
Both Utility Models and Industrial Designs provide key tools for protecting product innovation. While utility models focus on functional improvements, industrial designs protect aesthetics and appearance. In both cases, legal protection allows inventors and companies to safeguard their rights and prevent unauthorized copying or misuse by third parties.
