Is The German Utility Model Your Secret Weapon For IP Enforcement?

Utility Models have lower official fees for application and maintenance compared to patents.

The German Utility Model offers strategic options in addition to standard patent protection. The Utility Model is often referred to disparagingly as a “minor patent”, a label that doesn’t do its actual potential justice. Utility Models are unexamined IP rights for technical inventions that provide fast protection for up to 10 years at low initial official fees. They generally take the form of a patent, having a description, claims, and figures if relevant. For IP practitioners, their primary value lies in their flexibility as a litigation tool and their specific advantages regarding prior art and grace periods. They can also provide a method of obtaining quick and relatively lower cost protection in Germany whilst EP and/or DE patent applications are going through the generally much slower search, examination, and grant phases.