Utility Model Patent Protection Scenario in Brazil and the Indication Of Excessive Rigor in the Inventive Examination

Abstract

Studies on utility model patents have shown this as an alternative for rapid patent protection that contributes to promoting the country's economic development. Therefore, this research aims to propose a study of the utility model patent in the national patent system, aiming to know if this type of protection has served the purpose of innovative and technological evolution verified in countries with developing economies similar to Brazil. Regarding the methodology, this study is characterized by a quantitative exploratory study that was divided into two phases. The first phase was a bibliographic research related to utility model and the second phase was the analysis of applications for patents of invention and utility model. The results show that there is a greater amount of invention patent filings than utility model patent filings between 2000 and 2019. Also, it was noted that there is a significant decrease in the share of the utility model in the total of analyzed filings, as well as the PI deferral rate is higher than that of the MU in most of the cataloged years. As for the literature and jurisprudence analyzed, it was noticed that the inventive level required for the utility model patent is of lower intensity than that required for invention patents. Therefore, an accurate and objective definition of the inventive act requirement is suggested, in order to distinguish it precisely from the inventive step requirement, in order to speed up the analysis process and increase the demand for utility model patent filings.