Examination of the utility model application

As has already been mentioned, a utility model is entered in an official register by the German Patent and Trademark Office without a factual examination for the protection requirements which ultimately are important for the legal validity of the utility model.

This is also why, in the case of a utility model, we talk of an unexamined property right, where this means that it is not examined by the office for its novelty and inventive step. Because this is the case, a search of the prior art should be carried out before applying for a utility model and the result is then taken into account when drawing up the application for a utility model.

Entry in the register

Following the examination made by the office merely for the adherence to formal regulations, the utility model is entered in a register administered by the office and the registration published. It then has a term of up to 10 years. A utility model therefore also requires well-prepared ground work, which I would be pleased to assist you with.

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