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Conclusion
The
past fifteen years have seen the introduction of utility model protection in at
least twenty-five jurisdictions which did not have them previously. Whereas the
early trend seems to have been to have different standards for novelty between
patents and utility models, particularly in countries having an absolute
novelty standard for patents, the current trend seems to be away from this and
towards only requiring a reduced level of inventiveness for utility model
protection. This, certainly is the current proposal in the EU. However, with
renewed discussions on the desirability of a grace period in Europe and the
provision of a grace period in the design legislation, maybe we will see a
grace period in the Utility Model proposal before it is finally enacted.
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