Utility models

An alternative form of protection is a utility model. This form of protection is not provided for in the current national legal system. In contrast, in other countries, such as Germany, for example, utility models (Gebrauchsmuster) are frequently used.

In Germany, a utility model is an abridged or small patent. The protection period is limited to a maximum of ten years and the criteria for the granting of the invention are less strict. Less stringent requirements for the inventive step of the invention are imposed on a utility model of this type; however, a utility model must still be novel compared with the prior art. In some cases, a utility model can therefore be a useful additional resource for still obtaining reasonable protection for inventions with a low inventive step. Earlier publications of the invention by the inventor are prejudicial to the novelty of a patent. Under certain circumstances, publications of this type are not prejudicial to novelty for a German utility model. A period of six months preceding the date of filing of the utility model applies here. Therefore, if the invention is filed within six months of an earlier publication, protection can still be obtained, albeit to a lesser degree.

In addition, the European patent system allows for a European application to be converted into a utility model, if a patent application is rejected on the basis of the inventive step. This conversion is possible in the following countries: Germany, Austria, Italy, Poland, Switzerland, Liechtenstein and Spain. Each country has its own specific legislation and it is advisable to seek appropriate advice on this matter from a patent attorney.