By implication of law, a utility model is a device, i.e. man-made object (notion, mechanism, design, installation) with a complex internal structure, created to perform certain functions).
The law defines two conditions for granting a device the status of an utility model and the corresponding legal protection status.
The first condition is the novelty of the utility model. It is recognized as new if its material cumulative feature is not known from the prior art (part 2 of section 1351 of the Civil Code of Russian Federation). In fact, this means that, in contrast to the invention, a utility model may already be known to the public, however, its construction is fundamentally different from similar existing models.
By "prior art" any information that has become generally available in the world prior to the utility model priority date is meant. The prior art also includes (subject to an earlier priority) all applications for a patent for an invention, utility model or industrial design, which are filed in the Russian Federation by other persons and with documents accessible by any person, as well as inventions and utility models patented in the Russian Federation. Please note, that when determining the utility model's novelty, the information is taken into account about a similar device use not only in the Russian Federation, but also abroad - if this information has been published.
The second condition is industrial applicability, i.e. the possibility of use in industry, agriculture, healthcare, other sectors of the economy or in the social sphere.