We help you protect your ideas or inventions

A utility model is often described as a ‘small patent’ because the content of a utility model protection is similar to that of a patent.

Inventions that do not differ significantly from what is already known (the requirement for inventive step) and therefore cannot be registered as a patent can instead obtain utility model protection. The criteria for inventions are less stringent for a utility model, as a utility model ‘only’ needs to be clearly different from what is already known – also known as the requirement for inventive step.

The purpose of the rules on utility models is that the legislator also wishes to protect ‘minor’ inventions that do not immediately meet the patent criteria but are nonetheless worthy of protection.

The content of the application for a utility model registration must generally meet the same criteria as a patent application and must be submitted to the Danish Patent and Trademark Office, the European Patent Office (EUIPO) or the international patent authority (WIPO), depending on where protection is sought.

A utility model registration will typically be processed faster than a patent registration. In some situations, it may therefore be a good idea to apply for both a utility model registration and a patent if it is urgent to protect your invention. In addition, a patent application can later be ‘branched’ into a utility model application. There are many options available, and a number of strategic considerations can be made regarding how your invention should be protected in your business.

Whereas a trademark protects a company’s distinctive features, a patent protects technical ideas/inventions. A patent gives you the exclusive right to exploit and license your invention, and you can prohibit others from exploiting your invention without your consent.

To obtain a patent, your invention must be new, significantly different from what already exists on the relevant market (known as ‘inventive step’), and the invention must be capable of being used commercially.

If you believe that your invention meets these criteria, you can apply for a patent. A patent can be registered in Denmark, at European level or internationally. As you only obtain protection in the country where the patent is registered, you need to consider your options carefully when deciding where to register your patent.

A patent application must basically contain the same parts regardless of the country in which you wish to register the patent. In addition to purely formal information about you as the inventor and the name of the invention, you must describe the invention, including the technical ‘problem’ that the invention is intended to solve. The description must be so detailed and precise that a person skilled in the art must be able to carry out the invention on the basis of the description. If the application does not meet these requirements, it will be rejected on that ground alone.