For German utility models the same scope of protection arises as for a German patent or a European patent validated in Germany. There is only a formal examination procedure for German utility models without the evaluation of novelty, inventiveness or applicability in industry. This is why applications for a utility model lead to a fast issuance of a registration certificate. German utility models provide a grace period of 6 months before the application date, so that a description or use based on the elaboration of the applicant or his predecessor in title will not be taken into consideration regarding novelty.
Actions before GPTO:
- Appointment of a representative is neccessary if applicant is not resided or established in Germany.
- German utility models can be filed in any language. A translation into German language has to be filed 3 months after filing date.
- German utility models can be filed as a branched-off application (Abzweigung) relating to an invention for that a national German patent application, a European patent application or an international patent application designating Germany has been filed earlier which is still alive.
- By entering the National stage in Germany (within 30 months from priority date) a German utility model can be prosecuted.
For further information don’t hesitate to contact us.