Introduction
Utility model protection, often referred to as a "small patent," is a special form of industrial property protection in Germany. It offers inventors a quick and cost-effective way to protect their technical innovations.
Unlike a patent, the utility model provides shorter but faster-to-obtain protection for technical inventions. It is particularly attractive for small and medium-sized enterprises as well as individual inventors.
Utility model protection is only valid in Germany and is granted by the German Patent and Trademark Office (DPMA). It offers a maximum protection period of 10 years and is less cost-intensive compared to patents.
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Utility Models - Fundamentals
Utility models protect technical inventions that are new, inventive, and industrially applicable.
Unlike patents, utility models are not examined for novelty and inventive step. This allows for faster registration but also means a higher risk of later cancellation.
Processes, biotechnological inventions, and substances are excluded from utility model protection. The protection is particularly suitable for products with shorter innovation cycles.
Utility Model Application
Filing a utility model application with the DPMA is uncomplicated and cost-effective.
It must contain a description of the invention, claims, drawings (if necessary), and an abstract. The application can also be derived from a patent application.
After filing, the utility model is typically registered and published within a few months, without substantive examination taking place.
Utility Model Protection
Utility model protection begins with registration and can last for a maximum of 10 years.
The initial protection period is 3 years and can be extended by paying maintenance fees for additional periods of 3, 2, and 2 years.
Enforcement and Cancellation
The owner of a utility model can prohibit others from using the protected invention.
Since no substantive examination takes place, a prior art search is recommended before judicial enforcement.
Third parties can file a cancellation request with the DPMA if they doubt the protectability of the utility model.
Comparison: Utility Model and Patent
Utility models and patents have different advantages and disadvantages:
Utility models offer faster protection, are more cost-effective, and have a grace period for novelty. Patents offer longer protection, cover more types of inventions, and are considered more secure due to examination.
The choice between utility model and patent depends on the type of invention, the desired duration of protection, and the available budget.
Contact Details
Get in touch to learn how we can help your business.
- Huber & Schuessler Patent Attorneys, Truderinger Strasse 246, D-81825 Munich, Germany
- info@patservice.de
- +49 89 437788 0