Utility models
- 1. UTILITY MODELS Presented by; k.Sai Lakshmi B.Pharmacy, final year, (2016-2020) Balaji College of Pharmacy.
- 2. Definition: Utility model is an exclusive right granted to an invention. This allows to grantee, the right to prevent others from Commercially using the protected invention, without the grantees authorization for a limited period of time. It is very similar to patents and are often referred to as “pretty patents” or “innovation patents”. it is generally cheaper to obtain and maintain has a shorter term. Difference between a utility model and a patent Though on the outset, both patent and utility model appear similar, there are many differences between the two. As compared to patents, the requirements of obtaining a utility model differ to obtain patent protection. Patents are required to satisfy both novelty & non obviousness requirement of patent ability among other requirements.
- 3. Utility models are supposed to satisfy the novelty & non obviousness requirements. The term of protection for utility model is usually between 7 to 10 years. Based on the jurisdiction. In most jurisdictions offering utility model protection. The application are not examined prior to registration. This significantly reduces the duration required for registration. As compared to patents, utility models are cheaper to obtain and maintain. In some jurisdictions, utility model protection can only be obtained for certain fields of technology and only for products but not for process.
- 4. Technology Transfer Agreement Exponential growth of Technology in India has played a significant role in all round development and growth of economy in our country. Technology can either be developed through own research & development or it can be purchased through indigenous or imported sources. India has opted for a judicious mix of indigenous & imported technology. Purchase of technology is commonly called “Technology transfer” and it is generally covered by a technology transfer agreement. “Technology Transfer” means the use of knowledge & when we talk about transfer of the technology, we really mean the Transfer of knowledge by way an agreement between the states or companies. Transfer does not mean the movement or delivery; Transfer can only happen if technology is used.
- 5. So, it is application of technology & Considered as process by which technology developed for one purpose is used either in different applications or by a new user. Technology Transfer Agreement also called as know-how agreement. Technology generally would comprise the following elements: Process know how Design know how Engineering know how Manufacturing know how Application know how Management know how
- 6. Policy for Foreign Technology Agreement Procedures for Approvals of foreign technology Agreements section 39C: The high priority industries would be given automatic approval under the norms of RBI, for foreign technology agreements, subject to a maximum limit of payments up to 1 crore . The royalty to be paid is restricted to 5% in case of domestic sales and total payment should be 8% on sales for a period of 10 years. The royalty period should not exceed 7 years from the date of starting of the business or 10 years from the date mentioned in the agreement. The royalty rates would be calculated in accordance with the standardized methods.
- 7. Industries apart from high priority ones would allowed by the means of automatic approval in case no free foreign exchange is required in case of payments. Any other kinds of proposals would require particular approval under the general procedures. Permissions pertaining to foreign testing of developed technological applications, employing foreign technicians. The manufacturing and products should be compliant with the small scale industries. In the case of an extension of the foreign technology collaboration agreements which had been automatically approved earlier.