The European Commission has issued a discussion document (a green paper) on the question of harmonization of European Union laws on utility models.

The green paper reports that a study commissioned by the Commission found that utility model protection was predominantly used by small and medium-sized companies for protection of minor improvements within their own country and that differences between utility model protection in different countries led to restriction in cross border trade between the member states of the EU. Harmonization is therefore desirable and the Commission will invite observations from member states, the European Parliament and interested third parties on how best this can be achieved. The paper noted that in the field of trademarks and designs the route chosen had been simultaneous harmonization of national laws and the creation of a pan-European alternative. This is a possible route for utility models, but other routes could be followed. According to the paper, the key issue is to provide for protection "at a lower level than patents" for innovations having some measure of inventive achievement (although not necessarily of such a high standard as is required for patents) which would be quick and inexpensive to obtain.