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Why don’t more applicants file utility model applications in Germany?

June 10, 2018

Use Sach & Associates and be charged a fixed fee of just 350 EUR for your utility model – which includes the whole procedure from filing to grant

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Five reasons to file a German utility model application:

  1. Low cost.  Sach & Associates charges a fixed fee (including patent office fees) of just 350 EUR covering all costs from filing to grant. 

  2. Speed to grant.  You will likely obtain grant of your utility model in a matter of weeks. 

  3. Worthy protection.  You can obtain the same protective scope as with a standard patent.

  4. One stop shop for protection in Europe.  If you want protection for your invention in Europe, Germany is the go-to market.  Not only is Germany the largest market in Europe for selling products and services but it is also the primary jurisdiction for patent litigation. 

  5. Split-off from existing DE or EP application possible.  It is also possible to divide out a utility model from a pending standard European or German patent application.  This can be particularly useful if you need protection quickly and cannot wait for completion of the standard patent procedure or when you are having difficulties in getting to grant before the European patent office or the German patent office.  The split -off application runs in parallel to the EP or DE application. 

If you want to obtain protection in Europe and you are not sure that the cost and complexity of a standard patent filing is justified, then consider filing a utility model.  These patent rights are perfectly suited to protecting an invention in a quick, easy and inexpensive way in the most important market in Europe. 

 

What is a utility model?

 

A utility model (sometimes called a petty patent) is a form of utility patent protection available in some countries that offers a quick, easy and low-cost route to grant of a patent.  Utility models are granted in Germany for technical inventions, in the same way that standard patents are granted for technical inventions.  The allowed subject matter available for utility model protection includes software, mechanical, electronic, biotechnology, chemical, and all other types of technical inventions. 

Utility models in Germany are fast patent rights. German utility models can be granted within a few weeks.  By contrast, Examination and grant of a standard patent through the European patent office or through the German patent office usually takes several years.

 

A German utility model confers the same rights as a patent – you, and only you, are entitled to use, manufacture and place on the market your invention. You may prohibit anyone else from doing so.

 

Differences between standard patents and utility models?

 

Unlike standard patents, utility models are not examined. That is, there is no examination as to novelty, inventive step and industrial application. For this reason, utility model protection can be obtained far more easily, faster and at lower cost than patent protection. 


Another important difference between standard patents and utility models is the term of protection. A patent can be kept in force for a maximum of 20 years whereas utility model protection can last for a maximum of ten years.

 

What is required for a utility model application?

 

The content of a German utility model application is generally the same as that of a standard patent.  Specifically, the application will generally include a description of your invention, claims for what protection is desired and any drawings.  The content of the application should be in the German language.