Utility Model In India: Soon To Be A Reality

The first draft of the National IPR Policy submitted by the Think Tank highlights the need of utility model in India. It says that in a country like India, there are innumerable inventions that may not fulfil the stringent requirements of patentability but are novel, utilitarian and inventive in their own spheres. Such 'petty patents' or `utility models' are also a form of Intellectual Property only. Such inventions are already given recognition and protection in many countries under 'utility model law' but no such protection is available in India. This affects a large number of inventors who fail to protect their inventions by IPRs, particularly the Micro, Small and Medium Enterprises (MSMEs) and in the unorganized/informal sectors. In India, MSMEs hold for about 45% of manufacturing output, but their potential IP assets are recognized only in a limited, often informal, manner. In order to reap the full benefits of such inventions the need exists for a new law on