Utility models

Your innovation is unique – and therefore worth protecting. Would you like to register a utility model and secure the exclusive right to commercially exploit your technical invention and exclude third parties from using it? As experienced patent attorneys, we support you from the initial idea to the successful registration of your utility model – nationally and internationally.

In contrast to patents, utility models can only be used to protect novel devices – processes are excluded from utility model protection – and the maximum term of protection is 10 years from the filing date. On the other hand, an enforceable technical property right can be obtained quickly, easily and inexpensively with a utility model application without the costs of an official examination procedure.

We examine your invention for protectability, work with you to develop a well thought-out application strategy, prepare the utility model application and represent you in the official proceedings at the German Patent and Trade Mark Office (DPMA). We realize and support utility model applications in other countries, such as China, France, Italy or Japan, with the help of our established, worldwide network of correspondence attorneys

Fields of activity

At Klickow & Wetzel, we provide you with comprehensive support in the field of utility model law and assist you in the following steps, among others:

Analysis and consulting

We examine your invention and analyze which technical features appear worthy of protection. We identify your opportunities and potential risks and develop an individual strategy for your utility model application

Research

Before drafting and filing the utility model application, we carry out an initial novelty search to assess the prospects of success and/or a comprehensive conflict or freedom-to-operate (FTO) search to determine the risk of infringement of existing IP rights.

Application and registration

We prepare your utility model application and guide you through the entire application process and the registration procedure. We ensure that your utility model application meets the factual and formal requirements and support you at both national and international level. In addition to the technical details, many aspects of utility model law must be taken into account when drafting the utility model application in order to obtain registration and an enforceable utility model with an optimal scope of protection – hiring a patent attorney ensures that you have the necessary expertise for this.

Enforcement and defense

In the event of imitations or other infringements of your utility model rights, we examine these together with you and, if necessary, consistently enforce your claims – both out of court and in court. We defend you against alleged utility model infringements, warnings or lawsuits and your utility models against alleged lack of legal validity in utility model cancellation proceedings.

Expert opinions and monitoring of property rights

We support you in monitoring the activities of your competitors with regard to the registration of new utility models, the identification of potentially relevant third-party utility models and prepare expert opinions to assess the risk of infringement. If necessary, we carry out invalidity searches and attack critical utility models through utility model cancellation proceedings.

Portfolio management

Even after the registration of your utility model, we support you, for example, by monitoring deadlines for the due date of official maintenance fees, their payment as well as the fulfillment of other official requirements and the management of your files. As soon as action is required, we will inform you comprehensively and in good time. We are also happy to coordinate changes to proprietor data in the official registers as a result of amendments or utility model transfers for you

License agreements and transfer agreements

If you are planning to transfer or license utility models, we can advise you on the necessary contracts and agreements on the buyer’s or seller’s side or as licensor or licensee, prepare draft contracts or review contracts submitted to you by third parties.

Requirements for utility model protection in Germany

Novelty:

The invention must not have been published before the filing date – neither in writing nor through obvious use in Germany. Publication by the applicant may be harmless if it was made within six months – the so-called grace period – before the filing date.

Inventive step: The invention must not be obvious to a person skilled in the relevant field. There must be a genuine further development or unexpected solution.

Commercial applicability:

The invention must be applicable in some commercial field – e.g. in industry, technology, medicine or agriculture.

Technical character: It must be a technical solution to a technical problem. Abstract ideas, scientific theories or business methods without technical reference are not eligible for protection.