Patent & Utility Model

A patent is allowed for an invention if it is new with respect to prior art, not obvious to an average expert and can be used commercially. A patent is only allowed after a close, even material examination by the responsible office and can exist 20 years at maximum. Any regulation concerning patents, starting from the subject of patent via the patent protection to the corresponding technical questions, can be found in the Patent Law (Patentgesetz, PatG).

Due to the close examination by the office, in the average, about two and a half years are needed from the application to the grant. A utility model application is recommended to have an invention effectively protected earlier.

A utility model is registered after a formal examination by the responsible office and can be valid for 10 years at maximum. Any regulation concerning utility models, starting from the subject of utility model via the utility model protection to the corresponding technical questions, can be found in teh Utility Model Law (Gebrauchsmustergesetz, GebrMG). As the office only applies a formal examination, in the average, about four month are needed from the application to the registration.