The most essential premise for a successful utility model registration is a precisely formulated application. Our team works on applications in all technical fields on a routine basis. We ensure that you will obtain a wide a scope of protection.
In contrast to patents, a utility model is an unexamined IP right, which means that no substantive examinationis conducted during the examination proceedings. Only formal requirements are examined, i.e. whether the application is complete and whether the invention is technical and eligible for utility model protection. Therefore, a speedy procedure is achieved and a utility model can be expected to be registered within a few months.
Utility Model Branch-Off
A utility model branch-off can be of particular interest when a grant of the patent is still not foreseeable, the products of the competitor, however, need to be prosecuted for infringement. Since the exclusive right that a patent confers upon its owner may only be exercised after the intellectual property right was granted, thebranch-off of a utility model from a pending patent application may be an appropriate measure to bridge the otherwise protection free time period between filing the patent application and the actual grant of the patent.
Since novelty and inventive step of a utility model are not examined before registration, it is necessary to otherwise assess the legal validity of the utility model. If not, there will be an inherent unforeseeable risk when using the utility model to proceed against a third party. Upon application, the German Patent and Trademark Office issues documents which it deems relevant to the protectability of the utility model. Thus, a utility model may prove to its owner as a very helpful measure in prosecuting potential infringers – even when the examination proceedings for the patent application are still going on.