Utility model law: Everything you need to know
If you want to legally protect an invention, you do not necessarily have to apply for a patent. As a cheaper and faster alternative, German law offers utility model protection to make it easier to protect innovations. In this article, we show what utility model law actually entails and when such protection is possible.
What is a utility model?
A utility model is an intellectual property right that protects technical inventions in a similar way to a patent. It is often referred to as a "petty patent" and offers a faster and more cost-effective way of legally protecting technical innovations.
Technical inventions are eligible for protection, but in principle not processes. Unlike the patent, the utility model is not substantively examined. There is therefore no examination procedure by the patent office in which the substantive requirements for protection such as novelty and inventive step are examined. This simplifies and speeds up the process considerably.
As there is no examination procedure, the costs for a utility model are also significantly lower. For smaller companies and individuals in particular, the utility model is therefore an attractive way to protect innovations without great expense.
Utility models: Known examples
Utility models are often used for minor technical inventions or improvements to existing products. There are numerous examples of possible utility models, e.g. the following ideas:
- Improved furniture systems
- Special stroller wheels
- Tools with ergonomic handles
- Case with integrated charger
- and many more!
Utility model vs. patent: The difference
Patents and utility models are both intellectual property rights that legally protect inventions against imitation. However, there are some differences that you should be aware of before applying for one or the other property right.
What constitutes a patent?
A patent protects technical inventions that are new, inventive and industrially applicable. Before a patent is granted, the invention is comprehensively examined by the patent office, which can be time-consuming and cost-intensive.
However, this examination process ensures stable protection, as the novelty and inventive step have already been examined. Patents offer protection for up to 20 years if the annual fees are paid.
You can find out more about the patent in a separate article explaining the patent application process.
What characterizes a utility model?
Compared to a patent, a utility model is quicker and easier to obtain as it does not require a comprehensive examination for novelty and inventive step. It is entered in the register relatively quickly after application, which saves time and money.
However, this makes the utility model more susceptible to being challenged, as its legal validity is only examined in the event of a dispute. In addition, utility models generally cannot be used to protect processes, which is certainly possible with patents. A utility model is protected for a maximum of 10 years.
While patents offer secure, broader protection through their examination procedures, utility models are suitable for faster, more cost-effective protection of technical inventions, especially for smaller companies or less complex innovations.
Patent or utility model - which makes more sense?
Whether you should apply for a patent or a utility model depends on your invention and your goals. If your invention is particularly innovative and technically sophisticated and you want long-term, stable protection, a patent is certainly the better choice. Although the examination procedure takes longer and is more cost-intensive, the comprehensive protection and term of up to 20 years offer long-term security.
However, if you are looking for a quick, cost-effective protection option for a less complex invention, the utility model may be more suitable.
Consider how important a comprehensive check and long-term protection are to you in order to make the right choice. We would be happy to advise you in a personal consultation!
Registering a utility model: How to proceed
Utility model applications are filed in the same way as patent applications and can be filed online or in writing at the relevant patent and trademark office. Here are the basic steps:
- Carry out a search: Before filing an application, you should check whether the invention already exists in order to avoid potential conflicts. A comprehensive search is particularly important for utility model protection in order to prevent possible disputes. This should therefore be carried out by an experienced and specialized attorney.
- Prepare the application documents: The appropriate documents are important for the application, in particular the application form, the description of the invention and possibly drawings or further explanations. An experienced attorney can help you choose the right scope of protection and describe the invention precisely in order to avoid protection that is too broad or too narrow.
- Paying fees: There are fees for registration that must be paid.
- Wait for registration and publication: After submission and payment, your invention will be entered in the register and published. A substantive examination does not take place. Your IP right is now legally valid!
What does a utility model cost?
The costs for a utility model are made up of various fees that are incurred for the application, maintenance and legal advice. The application fee at the German Patent and Trade Mark Office (DPMA) is currently 40 euros if the application is filed online. A fee of 50 euros is charged for written applications.
In addition, maintenance fees are due from the 3rd year after registration. These are (status: 12/2024)
- 3rd to 6th year: 210 euros
- 7th to 10th year: 350 euros
However, the largest proportion of the costs incurred for a utility model are the fees for legal advice, searches and drafting the utility model. This investment is important in order to avoid later legal disputes and to ensure a successful application for the intellectual property right. In contrast to a patent, however, the search and drafting is usually much less demanding, which generally reduces the costs of a utility model.
How a lawyer in utility model law can support you
Even before the actual filing of a utility model application, legal support may be advisable. An experienced lawyer in utility model law can not only advise you comprehensively on the decision "patent or utility model?", but also ensure that the application is legally compliant.
In particular, this includes searching for existing intellectual property rights that could stand in the way of your invention before the actual application is filed. The risk of legal disputes is higher, particularly because the examination procedure is no longer required for utility models. For legal laypersons without the necessary tools, however, such a search is only possible to a limited extent, which impairs legal certainty.
When filing an application, the wording of the description and the claims is crucial in order to clearly define the scope of protection of your invention. An attorney can help you to formulate the claims precisely and legally "watertight" in order to avoid disputes later on. If your utility model is contested or infringed, a lawyer will represent your interests in court or in out-of-court negotiations.
Conclusion
In addition to the patent, the utility model is a quick and cost-effective alternative. It offers the opportunity to protect smaller inventions without having to make large investments. However, it must be decided on a case-by-case basis which property right makes more sense and whether the costs for the "larger" patent are not worthwhile after all.