Technical inventions can be protected by both patents and utility models. Please note that technical, chemical and biological processes are patentable, but not eligible for utility model protection.
Patents and utility models have different terms of protection. Utility model protection initially lasts for three years. It can be extended to up to 10 years. A patent can last for 20 years.
Utility model applications are not examined for compliance with the substantive requirements such as novelty and inventive step. These criteria are only examined if the utility model is subsequently reviewed in cancellation or infringement proceedings. For this reason, a utility model is available faster, more easily and at lower cost. However, there is a greater risk that it might be challenged and cancelled.
You must use the official form (G 6003) for applying for a utility model. It must be accompanied by a technical description presenting the known state of the art, on the one hand, and the layout and advantages of the invention, on the other hand. The description can be supplemented by one or several technical drawings.
You must also submit claims. The claims determine for what concrete subject matter utility model protection is requested.
(G 6003) Antrag auf Eintragung eines Gebrauchsmusters Information for Utility Model Applicants - detailed notes on filing
The application fee for a utility model application is EUR 40. Maintenance fees are charged for extending the term of protection.
The registration procedure is completed, on average, within three to four months.
Applicants can apply for IP rights themselves. It is at the applicant's discretion to decide whether to seek the help of an attorney. However, persons who do not reside in Germany must appoint an attorney in Germany or an attorney established in the European Union to act on their behalf.
The description is an essential element of the utility model application. It must be drawn up by you or your patent attorney and present:
The claims are the core component of the application. The contents of the claims determine the scope of protection. Thus, only those technical features will be protected that are mentioned in the claims.
The state of the art is the yardstick of the 'novelty' requirement for protection. It comprises technical solutions that have been published in any manner. This includes, for example, patent specifications or articles in scientific reviews. The state of the art relevant for utility models comprises written publications from all over the world and - in contrast to the patent - use in Germany made available to the public.
You can request legal aid for a utility model application, if your financial circumstances are difficult. In that case, an attorney-at-law or patent attorney can be assigned to you as your representative. More information on this issue is provided in the brochure on legal aid (Merkblatt für Verfahrenskostenhilfe).
Merkblatt über Verfahrenskostenhilfe vor dem Deutschen Patent- und Markenamt
Then please call us at +49 89 2195 - 3402. The enquiry unit of the German Patent and Trade Mark Office will be pleased to answer your questions about design applications.
Or, simply send an e-mail to info@dpma.de.
The enquiry units do not give legal advice. Legal advice is exclusively provided by patent attorneys and attorneys-at-law.
© 2012 Deutsches Patent- und Markenamt | Last updated 18/05/12
