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Patents & Utility Models
Patents are granted for technical innovations which are new over the prior art, which are based on an inventive step and which are commercially applicable. In accordance with German patent law, an "inventive step" means that a technical innovation differentiates over the prior art in a way so that an expert in the respective technical field would not have come to the solution in question in an obvious manner.
Patent protection can be requested for
- Products (e.g. technical appliances, chemical or biochemical substances)
- Manufacturing Processes (e.g. of technical appliances and chemical or biochemical substances)
- Applications (e.g. new ways of applying chemical substances already known in the field of medicine).
German and European patents have a maximum duration of 20 years from the filing date. This also applies in most other states worldwide. The owner of a patent can from anyone who infringes his patent claim to cease and desist from infringing actions and for damage compensation.
Like patents, utility models are granted for technical innovations which are new over the prior art, which are based on an inventive step and which are commercially applicable. However, utility model protection is only granted for products. Processes and uses cannot be protected by means of a utility model.
German utility models have a maximum duration of 10 years from the filing date. Another difference between utility models and patents lies in the fact that utility models are registered without substantive examination.
In connection with patents and utility models we offer the following services:
- Counselling regarding questions of patent strategy
- Conducting and evaluating searches (patent searches, literature searches, etc.)
- Elaboration of patent applications
- Filing patent applications in Germany, with the European Patent Office or with any other patent office in the world
- Conducting the filing and examination procedures until grant of the patent
- Administration of patents, annuity surveillance and annuity payments
- Defending patents in opposition and nullity proceedings
- Enforcing patents against patent infringers
- Surveillance of patent applications filed by competitors
- Conducting opposition and nullity proceedings against patents of competitorss
If you have further questions relating to "patents" or if you need support in a particular case, please contact us.
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