IPA IP 2024 Question 35
A question IPA Japan published in 令和6年度 ITパスポート試験 公開問題 問35, translated into English. ITPEC is based on the same exams.
Which of the following is the most appropriate description concerning a utility model?
Explanation
A new product made by combining articles is eligible — a utility model protects a device relating to the shape or structure of an article or a combination of articles.
Japan's Utility Model Act protects devices: creations of technical ideas utilizing the laws of nature that relate to the shape or structure of an article or a combination of articles. It is a simpler right than a patent, often used for small improvements to everyday products:
- •Only articles are covered, so methods (such as a manufacturing method) and substances are not
- •The creation does not have to be highly advanced, unlike a patent's invention
- •Registration follows a check of form only, with no substantive examination of novelty or inventive step, so a right is granted quickly; its term is 10 years from filing
A new product devised by combining multiple articles is exactly a combination of articles.
Answer (d)
Why not others:
- •(a) — a method has no shape or structure; a new manufacturing method is protected by a patent, not a utility model
- •(b) — "highly advanced" is the definition of an invention under the Patent Act; a utility model does not require it
- •(c) — utility models are registered after a check of form only, without a substantive examination of novelty
Key rule: Patent = highly advanced invention, products and methods, examined; utility model = device in an article's shape, structure or combination, registered without substantive examination.
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This question comes from the past questions IPA Japan publishes, translated into English by ITPEC Practice. ITPEC Practice is an independent study tool and is not affiliated with IPA or ITPEC. See the original paper (PDF) or Report an issue.