Utility models and health technology: patterns of use and decision criteria in Spain, Germany and Japan (2015–2026)

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Background. Utility models (UMs) are often recommended for incremental innovation because they are faster and less costly than patents. Their suitability, however, depends on the technical contribution and the institutional context. This study compares their use in health technology in Spain, Germany and Japan and proposes decision criteria for healthcare organisations. Methods. Comparative legal analysis and descriptive study of UMs in IPC class A61 with priority dates from 2015 to 2026 in Spain (n = 2,777), Germany (n = 8,738) and Japan (n = 4,705), retrieved from The Lens. Trends, applicant origin and type, internationalisation, lapse and relative intensity by subclass were analysed. Results. Among nationally originated UMs, companies were the main applicant in 26.0% in Spain, 39.1% in Germany and 52.1% in Japan (Cramér’s V = 0.18). The healthcare system was the main applicant in 6.4% of Spanish UMs, compared with 0.5% in Germany and 0.7% in Japan. In 2020, Spanish activity increased 2.6-fold, compared with 1.25-fold in Germany and 1.1-fold in Japan. In comparable 2015–2018 cohorts, lapse rates were similar in Spain and Japan (40.4% and 39.3%) and lower in Germany (33.2%). Conclusions. Companies account for a substantially larger share of UM use in Germany and Japan than in Spain, where the participation of the healthcare system and universities is distinctive. Healthcare organisations should choose UMs according to the eligibility of the technical contribution, commercial horizon, target markets and strategic function of the right, rather than on cost alone.