PATENTS AND UTILITY MODELS

Patent and utility model protection is based on technical inventions. A patent has the effect that only the patentee is authorized to use the patented invention. Technical inventions and methods, which are new, which are based on inventive step and which are commercially applicable, are protected as patents. In the case of the patent, an official examination for protectability is carried out upon request of the patent applicant or of third parties.

patenteA German patent application is forfeited when the request for examination is not filed before 7 years have lapsed since the application was filed. The maximum term of protection for a patent is 20 years, starting from the filing date. As does the patent, the utility model also offers protection for technical inventions, except for methods. Technical inventions, which are new, which are based on inventive achievements and which are commercially applicable, are protected as utility models. Compared to the patent, an examination of the mentioned substantive requirements for protection does not take place. The formal and only partly also the substantive requirements for protection are examined in the registration process. This is why proper, careful prior art searches are necessary to be able to determine whether the substantive requirements for protection for an effective property right actually exist for the utility model. The term of protection is maximally 10 years, starting from the filing date.

Our services in the field of patents/utility models are as
follows:

  • Drafting, filing and prosecuting German, European and International patent applications (PCT applications) as well as patent applications outside of Europe
  • Patent searches (prior art searches)
  • Representation in opposition proceedings before the German Patent and Trademark Office (opposition GPTO) and before the European Patent Office (opposition EPO)
  • Representation in appeal proceedings before the European Patent Office (appeal EPO)
  • Representation in appeal proceedings and invalidity proceedings before the German Federal Patent Court (BPatG)
  • Representation in infringement proceedings before the competent courts in Germany
  • Representation in utility model cancellation proceedings
  • License agreement for patents
  • Valuation of patents
  • Advice and representation for employee inventions
  • Preparation of patent strategies
  • Advice for patent management
  • Opinions (invalidation opinions, infringement opinions,
  • freedom to operate opinions, etc.)