Secondly requirement of level is not imposed to useful model. It, however, does not mean that as useful model the solution of a task, obvious to any expert, can be recognized. The useful model, as well as the invention and other objects of property, has to be result inventive creativity. But extent of creativity can be smaller, than it is required for recognition of the decision by the invention. Besides, existence of inventive creativity is not checked at issue of the security document for useful model. For recognition of the decision useful model it has to possess novelty applicability.
The patrimonial sign of an industrial sample – the design decision – means, first, that the decision contains instructions on means and ways of realization of a creative plan of the designer. If the task is only set, but actually is not solved, the sample as independent object is not created yet.
Thirdly, the solution of appearance of a product have to have hudoyozhestvenno-design character. In other words, in appearance of a product art and design elements have to be combined. Use of only one art means, a change of color of a product, as well as one design means, for example change of the size of a product, for an industrial sample is not enough. Art and design elements have to be combined harmoniously and mutually supplement each other.
In all the rest (the requirement of general availability of data, a novelty of date of a priority, a privilege for novelty, to the applicant, etc.) the sign of novelty of useful model coincides with novelty of the invention. The criterion of industrial applicability in relation to model has just the same value, as in relation to the invention. It testifies that the declared decision feasible and the applicant developed and reflected in the demand the concrete means sufficient for his embodiment in life.
Those inventions which are new use legal protection, have the inventive level and industrially. Let's consider the specified criteria of protectability of inventions in more detail. The technical solution of a practical task declared as the invention has to be first of all new. The sign of novelty is shown to inventions around the world.