Patent or utility model: which one fits?
Croatia offers two rights for technical inventions. A patent lasts up to 20 years. A utility model lasts up to 10 years and is registered without examining novelty, inventive step or industrial applicability, which makes it faster but less certain (Zakon o patentu, Art. 74 and 87). Processes, chemical and pharmaceutical substances and biotechnological inventions cannot be utility models (Art. 71). An application can be converted from one to the other while keeping its filing date (Art. 78).
Side by side
| Patent | Utility model | |
|---|---|---|
| Maximum term | 20 years from filing | 10 years from filing |
| Novelty, inventive step and industrial applicability | Examined before grant; the applicant must request examination within six months of the search report being published | Not examined at registration; the holder can request full examination until the end of the seventh year |
| What it can protect | Products and processes in any field of technology | Products; not processes, chemical or pharmaceutical substances, or biotechnological inventions |
| Annual fees | From the third year after filing | From the third year after filing |
| Conversion | An application can be converted into the other type, keeping its filing date | |
Based on Zakon o patentu, Art. 61, 62, 71, 74, 77, 78, 87 and 88.
What a utility model is good for
A utility model suits practical, product-type inventions with a short commercial life, such as a tool, a device or a mechanical improvement, where getting a right quickly matters more than a long term. Because novelty and inventive step are not examined when it is registered, a utility model is easier to obtain, but it can be harder to rely on: anyone it is used against can argue that it should never have been registered. The holder can request a full examination until the end of the seventh year of the utility model (Art. 77). If the invention meets the requirements for a patent, a patent is granted; if it does not, the utility model is declared void. So it is worth doing only when you are confident in the invention.
When a patent is the better choice
- The invention is a process or method, a chemical or pharmaceutical substance, or a biotechnological invention: only a patent can protect these.
- The product will sell for more than ten years.
- You want a right that has been examined, to show investors, licensees or buyers.
- You want protection beyond Croatia: one European application can lead to protection in up to 40 member states, but after grant it has to be validated country by country. A Croatian filing can serve as the priority for it.
You can change your mind
The Croatian Patent Act allows an applicant to convert a utility model application into a patent application, and the other way round, keeping the original filing date (Art. 78). The time limits are short:
- Utility model to patent: until DZIV decides on registering the utility model, with a fee.
- Patent to utility model: no later than six months after the search report is published.
Frequently asked questions
How long does a utility model last in Croatia?
Up to 10 years from the filing date, provided the annual fees are paid (Zakon o patentu, Art. 87 and 88).
Is a utility model examined?
Not for novelty, inventive step or industrial applicability when it is registered (Art. 74). The holder can request a full examination until the end of the seventh year; if the invention meets the patent requirements a patent is granted, otherwise the utility model is declared void (Art. 77).
Can a process be protected by a utility model?
No. Processes, chemical and pharmaceutical substances and biotechnological inventions are excluded from utility model protection, as are inventions whose commercial use would be contrary to public order or morality (Art. 71).
Can I switch from a utility model to a patent?
Yes. A utility model application can be converted into a patent application until DZIV decides on registration, and a patent application into a utility model application within six months of the search report being published, keeping the original filing date (Art. 78).
Sources
- Zakon o patentu (Croatian Patent Act), Narodne novine 16/2020
- EPO: Republic of Moldova joins the European Patent Organisation as 40th member state (1 June 2026)
Checked on 12 October 2026 against the Croatian Patent Act (Zakon o patentu, NN 16/2020) and the European and EU rules listed in the sources. This guide gives general information, not legal advice, and rules and fees change: check the official sources, or talk to us about your situation.