Utility Model Law

A utility model provides protection for up to 10 years for technical solutions that are novel and based on an inventive step. Notably, a prior disclosure by the applicant within six months before filing does not harm the utility model’s validity. Utility models can protect objects, devices, and systems but not methods of operation or production. Registration of a utility model is carried out without an examination procedure by the patent office.

A utility model application is structured similarly to a patent application, including claims (referred to as “protection claims”), a description, and figures. Therefore, legal and technical expertise, as well as the utmost precision and care, are essential here as well.

The simplicity of utility model registration is its main strength. While the lack of an examination procedure makes legal validity less certain, a utility model is often the ideal choice for “smaller” inventions.

There is no universal answer to the question, “Patent or utility model?” Sometimes the best solution is both. For instance, years after filing a patent application, a utility model (or even multiple utility models) can still be derived from the patent application—potentially with a different scope of protection tailored specifically to an identified infringing product. The pressure on the infringer caused by a derived utility model can, therefore, be substantial.