A utility model - like a patent - is a way of protecting technical inventions. However, inventions concerning processes (e. g., processes for the production of a substance or product or methods of operating a data processing installation) are excluded from utility model protection.
The utility model
A utility model - like a patent - is a way of protecting technical inventions. However, inventions concerning processes (e. g., processes for the production of a substance or product or methods of operating a data processing installation) are excluded from utility model protection.
A registered utility model - like a granted patent - is only legally valid if the necessary requirements for protection are met, in other words if the invention is "new" and is based on an "inventive step." In contrast to the patent, the utility model has the advantage that the "novelty" condition for protection is still regarded as being met if the invention has been made accessible to the public by the applicant or his legal predecessor not more than 6 months before the date of filing (period of grace for novelty).
Unlike a patent, a utility model is registered without prior examination to determine whether it meets the protection requirements. In order to be able to assess whether the registered utility model does meet the requirements, it is advisable to request a Patent Office search when submitting the application documents. On the basis of the results of the search, it is possible to assess the legal validity of the invention and to make any necessary restrictions so that the registration of a legally valid utility model is achieved.
The term of a utility model is a maximum of 10 years. A renewal fee to keep the utility model in effect must be paid after 3, 6 and 8 years.
