IP-Attorneys   Our Attorneys at law   Trademark Application Form   Contact us   Imprint   Privacy Policy   IP-Links

Attorneys at law

patent filer

Locations Berlin Bielefeld Bremen Düsseldorf Frankfurt Hamburg Hannover Munich Stuttgart Vienna

Patent Services · Patent law · Patent application · Utility model law · Licence law · German Patent Act · E-mail enquiry · Patent Search ·

ip lawyer patent law patents lawyer trademark representative in germany and europe ohim file application patent-filer pct-filer file patents  file patent protect inventions apply for a patent in germany file patent application before epo european patent office munich attorney patent lawyer certified intellectual property specialist

file patent application draft patent application german patent lawyer attorney at law hannover patent agent patent office agency national phase german germany german patent office represent foreigner before the german patent office an the epo european patent office an the wipo

certified intellectual property specialist in germany and throughout europe epo european patent application pct filer pct patent application file a patent application in germany and europe patent  costs attorneys fees full service patent law firm  patent prosecution patent litigation german court file patent violation suit attorney german germany

draft patent documents patent claim attorney at law ip utility model file austrian patent austria patent lawyer attorney patent license agreement check patent status search patent patents patent law state of the art research researcher free

... IP-Attorneys ... IP Law ... Utility model law

IP Law 
Patent law 
Utility model law 
Patent application 
Official Fees 


Attorneys at Law Hannover
Patent Attorneys
Georgstr. 48
30159 Hannover (Headquarter)
Fon +49 511.35 73 56-0
Fax +49 511.35 73 56-29
Attorneys at Law Berlin
Patent Attorneys
Wittestraße 30 K
13509 Berlin
Fon +49 30.403 66 69-00
Fax +49 30.403 66 69-09
Attorneys at Law Bielefeld
Patent Attorneys
Herforder Str. 69
33602 Bielefeld
Fon +49 521.43 06 06-60
Fax +49 521.43 06 06-69
Attorneys at Law Bremen
Patent Attorneys
Parkallee 117
28209 Bremen
Fon +49 421.33 11 12-90
Fax +49 421.33 11 12-99
Attorneys at Law Düsseldorf
Patent Attorneys
Grafenberger Allee 293
40237 Düsseldorf
Fon +49 211.97 26 95-00
Fax +49 211.97 26 95-09
Attorneys at Law Frankfurt/ Main
Patent Attorneys
Alfred-Herrhausen-Allee 3-5
65760 Frankfurt-Eschborn
Fon +49 69.380 79 74-20
Fax +49 69.380 79 74-29
Attorneys at Law Hamburg
Patent Attorneys
Colonnaden 5
20354 Hamburg
Fon +49 40.882 15 83-10
Fax +49 40.882 15 83-19
Attorneys at Law Munich
Patent Attorneys
Landsberger Str. 155
80687 Munich

Fon +49 89.250 07 90-50
Fax +49 89.250 07 90-59
Attorneys at Law Stuttgart
Patent Attorneys
Königstraße 80
70173 Stuttgart
Fon +49 711.99 58 55-90
Fax +49 711.99 58 55-99
Patent Attorneys Vienna
Trauttmansdorffgasse 8
1130 Vienna
Fon +43 1.876 15 17
Fax +49 511.35 73 56-29


Utility models

What is a utility model?

A utility model is a registered right which confers on its proprietor exclusive protection for an invention, in a similar manner to a patent. In fact, utility models are sometimes referred to as "petty patents" or "innovation patents." In general, as with a patent, to be protected by a utility model, an invention must be new, involve an inventive step, and lend itself to industrial application. A utility model right can be obtained for example for electronic circuits, machines, chemical products, foodstuffs and pharmaceutical products.

What are the main differences between utility models and patents?

A utility model is an unsearched and unexamined intellectual property right, i.e. novelty and inventive step are usually not examined prior to registration. Moreover, the level of inventiveness required is generally lower than that for a patent.

The term of protection for utility models is shorter than for patents (a maximum of 10 years). Furthermore, utility models are much cheaper to obtain and maintain and the registration process is significantly simpler and faster since patent offices do not examine applications as to substance prior to registration. The state of art in respect to utility models is restricted as compared with the state of art in respect of patents.

What is the term of protection for utility models?

The maximum term of protection of utility models is 10 years provided that the utility model is maintained, i.e. the three renewal fees are paid to the Patent and Trademark Office.

What territorial protection does a utility model offer?

There is presently neither a world-wide nor a Community-wide utility model (since April 2003, however, there has been a Community design providing for a single Community design registration).

Not all countries and regions provide the option of utility model protection. For example, the UK and the Netherlands do not presently have a utility model system. In 2001, however, the European Commission and the European Parliament discussed an EC Directive that would harmonise the existing utility model systems.

Can an invention be made known to the public?

A valid German patent can generally not be obtained if the invention has been made known to the public, even by the inventor himself. As far as utility models are concerned, though, an invention may be disclosed under certain conditions and only by the inventor himself before the application is made (a so called novelty period of grace of 6 months).

How to obtain a utility model?

German utility models are obtained by filing an application for a utility model to the German Patent Office. There is a form available from the German Patent and Trademark Office (http://dpma.de). Apart from this form, which includes an application, so-called claims, a description and a summary in German should be handed in. For the purpose of a better description, drawings are usually included. When filing an application, which will be scanned by the Patent Office, you should pay attention to a number of formal requirements, e.g. that the description, the claims and the summary each start with a special form and should be marked with an appropriate title. Moreover, there is almost a patent language of its own, in which certain expressions are used for structuring the text, signalling consequences etc.: the patent claims often include the expression “characterised by…” followed by the description of the actual invention, whereas the state of technology is delineated prior to this including references to existing patents. The description is usually introduced with the expression “the invention concerns” and then the generic term of the main patent claim is described. This is followed by the description of the state of technology, possibly including references to existing patents. After the basic description of the state of technology, the disadvantages are presented. Then, the expression “the task of the invention is …” introduces the description of the task, presenting the solution and its advantages. This description of the main claim is followed by the descriptions of the subordinate claims, introduced by the expression “… is a special type of implementation of …” Finally, a sample implementation is explained in detail by means of drawings.

When defining the claims, and especially the main claim, the wording is very important. Basically, a general description is preferred, in order to prevent competitors from avoiding an infringement of a utility model by merely changing minor points. On the other hand, the wording of claims must not be too general as there is a risk that they might be ineffective, because such a claim usually does not only contain the description of the invention but also elements of state-of-the-art technology.

What is the procedure of granting a utility model?

On filing, an application is checked for obvious formal faults, e.g. if documents are lacking, etc. After that, according to the type of application, a research or examination procedure is started. In the research procedure the relevant documents are determined and sorted out, this does not, however, influence the protective right itself, since patent offices do not examine applications as to substance prior to registration.

The examination procedure ends when a test certificate is issued, or possibly with the refusal to grant a utility model. In case of granting a utility model, a utility model is published in the patent journal and entered in the registry of utility models.

How can action be taken against a utility model – opposition proceedings?

Contrary to patents, there are no time-limited opposition proceedings in respect of utility models. Everyone can, however, oppose a utility model by filing a nullity suit. In the examination proceedings, which follow such a suit, novelty and inventive step are examined.

What do we need to register your invention?

Usually we need an outline, a description and possibly a model. In some cases, we need further details which we cannot state specifically since they depend on the complexity of the given object.

In the initial phase, in which we plan further proceedings, we only need general information on the area in question (electrical engineering, mechanical engineering, chemistry, etc.) so that our expert in charge can contact you and settle further details with you, including an estimation of costs.



 file patent application patent prosecution in germany german patent european patent no attorney lawyer patent dpma german patent office epo european patent office apply for a patent  attorney-at-law patent agent patent agency in germany epo attorney european patent office attorney lawyer print epo european patent office lawyer european patents europen trademarks representative apply for a pct patent patent filing utility model file register a patent save tm lawyer patent lawyer europe germany munich patent law trademark law utility model law licence law lawyer attorney at law for patent law patent prosecution patent litigation in Germany german patent lawyer attorney at law european trademark attorney european design attorneyback ip law patent act employees inventions ip law patent litigation patent court litigation in germany patent attorney european classical and modern physics solid state physics mechanics Laser Physics Electrical electronic radiofrequency technologies Telecommunications telematics Mechatronics Information Technology Data Processing Technology image processing technology semiconductor technology consumer electronics computer hardware IT technology software telecommunications automation optics Atomic Physics Molecular Physics Engineering Construction Automotion shipbuilding aircraft Drive Technology Control Technology Process Engineering Production Engineering Production Technology Packaging Paper Technique Product Development Measurement Control Engineering Process Technology Appliances Small Appliances Food Technology Aerospace safety technology power plant technology material technology steelmaking alloys nanotechnology plastics energy technology renewable energy Life Sciences Medical Biology Biophysics biotechnology Microbiology Cell Biology Neurobiology Molecular Biology gene therapy bioinformatics Pharmacy Pharmacology agents Biochemistry Chemistry Physical Chemistry Organic Chemistry Inorganic Chemistry Pharma antibody technology biosimilar generic diagnostic plant biotechnology diagnostic technology implants Immunology enzyme replacement therapy proteins muteins enzymes Transgenic cytokines, ribozymes, antisense RNA, RNAi Virology GM microorganisms plants animals human medicine food polymers catalysts lithography Photography Order