German Patent

German Patent by Lexgin

Utility models are “fast IP rights”. Examination and grant of a patent usually take several years. A utility model, on the other hand, can be entered in the Register within a few weeks after receiving the application provided the documents filed to comply with the requirements of the Utility Model Act (Gebrauchsmustergesetz) and the application fee has been received in due time.

The IP right becomes effective in the territory of the Federal Republic of Germany upon registration of the utility model, conferring the same rights as a patent. Only you are entitled to use, manufacture and place on the market your invention. You may prohibit anyone else from doing so.

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What is a Patent?

A Patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something or offers a new technical solution to a problem.

What is the Lifespan of a Patent in Germany?

A patent can last up to 10 years, provided that it is renewed annually before the expiration of the third year. It is important to pay an annual renewal fee to keep it in force. The patent expires after 10 years from the date of application.

What can be patented?

Within the scope of the registration procedure, the DPMA mainly examines the formal protection requirements. However, it is also examined whether the subject matter is a technical invention at all or whether the subject matter is excluded from utility model protection. The basic requirements for effective utility model protection – novelty, inventive step and industrial application – are not examined before registration.

Therefore, please make sure that these requirements for an effective IP right are actually met when filing your application by conducting thorough searches. Otherwise, you may not be able to assert any rights based on your utility model upon registration or your utility model might be challenged within the framework of cancellation proceedings.

Novelty: The subject matter of a utility model is considered to be new if it is not part of the state of the art. The state of the art comprises all publications or public prior uses of the invention. The grace period allows you to apply for utility model registration within six months from using yourself your invention publicly or from publishing it.
Inventive step: A utility model involves an inventive step if the invention is not obvious to a skilled person having regard to the state of the art.
Industrial application: Pursuant to Section 3 of the Utility Model Act (Gebrauchsmustergesetz), an invention “shall be deemed to be susceptible of industrial application if it can be made or used in any kind of industry, including agriculture”