Summary

With the application, the applicant has the choice to

a)     file a request for a search of prior art

b)     file no additional request

The utility model application is not substantially examined but granted immediately. It is in the digression of the applicant to ensure that the subject matter of the application is patentable (new, inventive step). However, to check on the prior art, a request for a search can be filed with the GPTO (option a).  This request can be filed at any time - preferably with the filing of the application. The utility model can NOT be granted for claims directed to a process. The utility model is issued appr. 4 months after filing the German text.

The utility model has to be renewed after 3 years, 6 years and 8 years to a maximum of 10 years. German utility model applications are filed with the GPTO (German Patent and Trademark Office) and cover the territory of the Federal Republic of Germany (former east AND west).

The applications can be filed in German language or in any other language provided a German translation is filed 3 months later.

A German translation of the utility model application can be prepared from an English version of the application by our office.

If a priority has to be claimed, we require:

-         the country, the filing date and the application number of the prior application;

-         A simple copy of the prior application, which can be filed within 16 months after the earliest priority date.

We would like to inform you that a utility model will not be examined like a patent. It will be registered 2-3 months after the filing date.

The duration of the utility model is 10 years from the date of filing, also dependent on the payment of renewal fees after 3, 6 and 8 years.

Requirements

National German Utility Models

1. Name and address of applicant
2. Description, claims, drawings and abstract of the disclosure
3. Declaration of priority including date, country and application number
4. Non-certified copy of the priority application.
5. Instruction as to whether request for novelty search is to be filed

European Patent Applications

1. Name and address of applicant
2. Description, claims, drawings and abstract of the disclosure
3. Declaration of priority including date, country and application number
4. certified copy of the priority application and translation of the priority document, unless written in English, German or French
5. Name and address of each inventor and declaration as to how the applicant has acquired the rights to the invention (e. g. by an (oral) agreement or assignment including the date thereof or as employer(s))
6. Instruction which member states and extension states are to be designated

examination is to be filed