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What is a utility model?
A utility model is an industrial property right that - similar to a patent - protects technical inventions. It is often referred to as a "small patent" and offers faster and more cost-effective protection for technical inventions. Utility models are particularly suitable for smaller inventions or improvements to existing products and are valid for a term of protection of 10 years.
Why a utility model?
A utility model offers several advantages:
- Fast application: Applying for a utility model is usually faster than applying for a patent, as no comprehensive examination for novelty and inventive step is required for registration.
- Grace period: A major advantage of utility model protection is the grace period of six months. This means that inventors, even if they have already made their invention public, can still claim protection through a utility model within six months. Examples of such pre-publications can be presentations at trade fairs, scientific publications or the presentation of the invention at a conference.
- Cost savings: The costs for applying for and maintaining a utility model are lower than for a patent.
Difference between patent and utility model
| Utility model | Patent | |
| Subject matter | Only products, no processes | Technical and chemical processes and products |
| Examination | No comprehensive examination, only formal examination for completeness of documents | Comprehensive official examination for novelty, inventive step and industrial applicability |
| Term | Maximum of 10 years | Maximum of 20 years |
| Costs | Lower than for a patent | Higher than for a utility model, as comprehensive examinations are required |
| Grace period | 6 months | None |
Protection requirements for utility models
Even if a utility model is not examined by the patent office, the following criteria should be met in order to ensure a secure protection status:
- Novelty: The invention must not belong to the state of the art. The state of the art comprises all knowledge that was publicly available worldwide before the application for the invention was filed.
- Inventive step: The invention must be based on an inventive step that goes beyond the state of the art.
- Industrial applicability: The invention must be capable of being made or used in an industrial field.
Important points before applying for a utility model
Before you apply for a utility model, you should consider the following steps:
- Search: Check whether your invention is new and does not infringe any existing property rights. Our staff will be happy to assist you in a free initial consultation with the search and in developing an individual search strategy in the appropriate patent databases.
- Application: The application for a utility model at the German Patent and Trade Mark Office (DPMA) must contain a description of the invention. A patent attorney can help you to describe your invention correctly and secure it legally. Free initial consultations are organized by the Bavarian Patent Centre to clarify patent law issues. These take place every Thursday and appointments can be arranged via our staff (+49 911 20671-939).
Where does utility model protection apply?
A utility model is a national property right, which means that the protection is only valid in the countries in which the utility model was applied for and registered. There is no European utility model application, and not all countries offer the possibility of utility model protection. For example, there is no utility model protection in Switzerland.
In Germany, utility models can be applied for at the German Patent and Trade Mark Office (DPMA). Protection is then only valid within Germany. If you also want to protect your invention in other countries, you must file a separate application in each country.
There is no uniform utility model application for international protection as there is for patents. However, you can claim the priority of your German application in numerous countries within 12 months. This means that you can apply for the same invention in other countries within this period and use the filing date of the German application as the priority date.
Sustainable use of utility model protection
A registered utility model offers fast and inexpensive protection for technical inventions - but its full potential only unfolds through targeted and sustainable use. Utility model protection is not only a legal safeguard, but also a valuable component of your innovation and competitive strategy. The Bavarian Patent Center supports you with practical services:
- Monitoring technical property rights: Keep an eye on relevant developments. Through the targeted monitoring of technical property rights, you can recognize at an early stage whether similar property rights are being applied for and react in good time if necessary. Gain insights into the IP rights activities of your competitors and identify potential areas of action for your own development.
- Technology analyses: Use evaluations of existing patents and utility models to identify technological trends and target your innovation strategy.
- Consulting and training: The Bavarian Patent Center offers individual consulting appointments and training on topics such as search strategies, property rights management and funding opportunities.
How can the Bavarian Patent Center assist with utility model applications?
The Bavarian Patent Center offers a wide range of services to support you with questions relating to utility models. Make an appointment now for your free initial consultation on the topics of searches, funding programs and initial advice for inventors or call us to find out more about our services.
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