Utility Model Application: Protecting Your Invention Economically

“If at first, the idea is not absurd, then there is no hope for it.”

Albert Einstein (1879–1955)

Would you like reasonably priced and regionally restricted protection on the path towards intellectual property protection or to support other intellectual property rights?

One option is a utility model application. A utility model may also be the preferred intellectual property right once you have published your invention. This is because, unlike Patent Applications, for which your own prior publications can present obstacles to patentability—at least in Germany—the utility model offers what is known as a “grace period of novelty.” This ensures that your publications dating back fewer than six months prior to your utility model application are excluded from consideration when the validity of the utility model is assessed.
Furthermore, state of the art is defined differently for the assessment of patents as opposed to utility models.

For technical developments, we can prepare and file utility model applications, as well as conduct procedures before the responsible patent office on your behalf.

Once you have described your idea, which we naturally treat with the utmost confidentiality, we decide together whether, for example, a search should be conducted first, whether a utility model application or Patent Protection would be a better solution, or whether secrecy or defensive publication of your invention is the best approach to take.

Should a utility model application be filed, we can prepare an application draft which we can then discuss and submit to the responsible patent office.

In doing so, we place special value on foresighted and judicious phrasing of claims. For example, we discuss potential workarounds or alternative constructions to determine possible solutions in the sphere of your invention. We also discuss phrasing among ourselves in order to achieve the most extensive protection possible.

Utility models are available as a protective instrument not only in Germany but in a few other countries, as well. In addition to the German utility model application, the Chinese Utility Model is worth considering. This is growing in importance. It may be used to protect your property and is used defensively in China, as well.