Utility model
As is the case with a patent, technical inventions, e.g. medicines, chemical substances or devices, can receive protection as utility models. However, as opposed to patents, a utility model cannot be granted for processes (manufacturing and working processes) pursuant to section 2 No. 3 Utility Model Act (Gebrauchsmustergesetz - GebrMG).
As is the case with the patent, the utility model also has to be registered with the German Patent and Trade Mark Office. However, utility model protection can be obtained more quickly than patent protection, since the German Patent and Trade Mark Office only assesses whether the applied-for matter is capable of being registered as a utility model and whether it is a technical invention. The relative requirements for protection (in terms of novelty, inventiveness and industrial applicability) are not assessed. Once the utility model has been registered, protection can be claimed.
The utility model is often used to supplement a patent application. As a rule, it takes several years from the time an application is filed until a patent is granted. During this period, the derivation that is a utility model provides protection for the given technical invention.
