Introduction
In the dynamic world of innovation, every new idea is a treasure. But, do you know how to protect it properly? Often, the first question that arises is: "Is my invention a Patent or a Utility Model?" It is a crucial distinction that can define the future of your project.
At UNAPI, as experts in Intellectual Property, we understand this common confusion. That's why we have prepared a simple guide to help you decipher which legal figure best fits your creation, ensuring that your effort and originality are properly protected.
Patent of Invention: The Great Innovative Leap
Think of a Patent for Invention as the recognition of a completely new technical solution to a problem. It is not just an improvement, but something that did not exist before in the world and involves a significant inventive effort. It can be a revolutionary product (like a new type of more efficient battery) or an unprecedented process (an innovative method for manufacturing a material).
- Protection: Offers robust protection for 20 non-extendable years.
- Key Requirement: It must be novel on a global scale, have inventive activity (not be obvious to an expert), and have industrial applicability.
Utility Model: The Improvement that Makes a Difference
Now, if your innovation is a clever improvement or modification of something that already exists, which provides a practical advantage or a new utility, then we are talking about a Utility Model. It is a more incremental innovation, but equally valuable. Imagine a screwdriver with a new ergonomic handle that makes it easier to use or a container with a closure system that prevents spills.
- Protection: The validity of a Utility Model is 10 years non-extendable.
- Key Requirement: It must be novel (at the national level in some cases, although Mexican law points to a global level) and have industrial application. Its main differentiator is that it provides a functional or practical advantage.
Why is the Distinction Crucial?
Choosing the appropriate protection figure is not just a formality; it is a strategic decision. An incorrect classification could result in the denial of your application or in weak protection that does not safeguard your innovation as it should.
- Resource Optimization: Ensures that you invest time and money in the correct registration process.
- Scope of Protection: Defines the extent of your rights and how you can exploit your invention.
- Commercial Strategy: It influences how you position your product or process in the market.
Still Have Questions? At UNAPI We Advise You
Identifying the correct figure can be complex, but you don't have to do it alone. At UNAPI S.R.L. de C.V., our team of experts is ready to analyze your invention, advise you on the best protection strategy, and guide you through the entire process.
Is your innovation ready to be protected?
