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Raffay & Fleck > Expertise in Intellectual Property Protection > Utility Model > Having a Utility Model Revoked: Cancelling a Utility Model

Having a Utility Model Revoked: Cancelling a Utility Model

„We can't solve problems by using the same kind of thinking we used when we created them.“
Albert Einstein (1879–1955)

Are you already aware of third-party utility models that might jeopardize your new development or the marketing of your product?

Depending upon the progress of your project, we can suggest various solutions. The first step is to analyze the legal validity of the utility model.

If we can assume that the utility model is valid and it is still possible to redesign your product or process, we work with you to find practicable workarounds to avoid patent or Utility Model Infringement. We strive to offer creative solutions that can be integrated easily into your product without losses.

If a workaround is impossible, undesirable or disadvantageous, or if it is highly probable that the utility model is not legally valid and, as a consequence, has to be cancelled, we initiate procedures to revoke and thereby remove the utility model. In the preliminary stage, it is often sufficient to write to the owner of the utility model, requesting that he cancels his utility model in order to avoid dispute. It is also possible to request, in view of the lack of validity, that the owner of the utility model grant a free license.

The advantage of this approach is that the utility model can further remain cumbersome for third parties but you can operate under the veil of utility model protection.

We would be delighted to advise you!


Jan Wienhausen
Jan Wienhausen
RAFFAY & FLECK
Tel: 040 - 478 023
Email:
Bernhard Mayer
Bernhard Mayer

Caspar v. Eichel-Streiber
Caspar v. Eichel-Streiber
  • Utility Model Application
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  • Revoking Utility Models
  • Splitting Off a Utility Model
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