For preparation...

a utility model application also includes the precise determination of the invention. Here my many years of experience and practical knowledge from drawing up a very large number of utility model applications is an advantage which pays off in discussions with the inventor.

Search

The next step is conducting a prior art search, i.e. a search is made for documents coming closest to the invention - usually published patent applications - which can be used to assess the novelty and the inventive step.

Drawing up...

...the utility model application is then made by me taking into account the determined prior art and the information supplied by the inventor on his invention, usually with multiple consultations.

Filing

The utility model  application thus prepared is then filed at the German Patent Office or national patent office further abroad.

As has already been mentioned, a utility model is entered in an official register by the German Patent and Trademark Office without a factual examination for the protection requirements which ultimately are important for the legal validity of the utility model.

This is also why, in the case of a utility model, we talk of an unexamined property right, where this means that it is not examined by the office for its novelty and inventive step. Because this is the case, a search of the prior art should be carried out before applying for a utility model and the result is then taken into account when drawing up the application for a utility model.

Entry in the register

Following the examination made by the office merely for the adherence to formal regulations, the utility model is entered in a register administered by the office and the registration published. It then has a term of up to 10 years. A utility model therefore also requires well-prepared ground work, which I would be pleased to assist you with.

10 year maximum term

The German utility model has a maximum term of 10 years and gives the proprietor of the utility model the sole right to use the invention. The proprietor can also grant a simple or exclusive licence to the utility model in favour of a licensee.

Your opportunity for granting a license

That means that only the proprietor may use the invention protected by the utility model. The utility model proprietor can naturally decide to allow a third party to use this and this is usually regulated within a licence agreement. The proprietor of the utility model can also grant an exclusive licence to his property right and receives licence fees based on the negotiated and concluded licence agreement in return for granting the licence.

Assistance from a patent attorney

I should also be pleased to assist you with conducting negotiations and concluding such a licence agreement. Here you can find out more about my previous work.

Are you interested in a utility model abroad? Click here.