Utility models

Technical inventions may be protected by a utility model with moderate costs. Utility model protection is available for devices, (chemical) substances, food and pharmaceuticals. Utility model protection is not available for processes, such as manufacturing and working processes. Whereas it frequently takes several years to get a granted patent due to the long examination procedure, a utility model may be registered within a few months after filing the application. Filing a utility model application is a fast way to get an enforceable intellectual property right.

12 months after filing a utility model application a German, European or International patent application for the same subject matter may be filed.

The utility model is examined by the German Patent and Trademark Office only concerning formal registration requirements. A utility model is not examined as a patent with respect to novelty and inventive step.

The maximum term of protection of a German utility model is 10 years, while a German patent can remain in force for up to 20 years. German patents lapses after approximately 8 to 12 years due to non-payment of the renewal fee. Accordingly, the shorter term of protection of a German utility model is less relevant in practice.

The German Utility Model Law offers a grace period of 6 months for publication and prior usage by the applicant. Prior usage out of the Federal Republic of Germany does not constitute prior art for a German utility model, whereas written description in and out of the Federal Republic of Germany is prior art relevant for the German utility model.