The necessity of validating the concept of "Utility model" in Iranian law by the light of the comparative study of other legal systems

Articles in Press

Document Type : Original Article

Authors

1 Ph.D. in Islamic Jurisprudence and Law, Assistant Professor, Department of Jurisprudence and Law, Imam Khomeini and Islamic Revolution Research Institute, Tehran, Iran

2 Graduated Masters Degrees, the Department of International Law, Faculty of Law Payame Noor University, Tehran, Iran.

10.48300/jlr.2023.374786.2219

Abstract

The distinction between the phenomenon’s "Utility Model"-with different names in different countries- from the nature of "invention" can be seen in the legal system of many nations. No need to profit from an invention patent creates significant benefits for its owners and is a critical step in providing sustainable innovation. Recognizing the differences between these two categories and their benefits leads to better and more use of it. It proves the necessity to include "Utility model" in legal systems without this concept.The Utility model is the resulting nature of the "bring to light" of an idea in which the initiative and innovation is at a lower level than the invention and is more concerned with optimizing and making practical the tools available in people's ordinary lives.This study aims to draw the differences between Utility model and invention accurately and to show the advantages of using the concept of "Utility model" along with the legal idea of invention in legal systems and to investigate methods with this category with a descriptive-analytical approach, and has demonstrated its empty place in Iranian law. Advantages such as independence of "Utility model"from inspecting the content of the schema in the patent process and thus its ease of patent, and also, the possibility of initial patent of inventions as"Utility model" to benefit from legal protection in the required time for the patent process, make the official recognition of this phenomenon in the current law of the country and the fundamental regulations developments in this area necessary.

Keywords

Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 27 April 2023

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