Utility Models
The utility model is a technical intellectual property right, which is often referred to as a “small patent”. Its great advantage is that the utility model is usually entered in the register only a matter of weeks after the date of filing. This means that the company or the inventor has “its/his rights” in tangible form and thus has a sound basis for distribution, advertising, sales and licences.
On top of that, there is a six-month novelty grace period with the utility model. This means that if an invention has been presented at a trade fair or field service meeting, for example, this does not prevent its entry in the register, provided simply that that “prior publication” is no more than six months in the past.
The utility model protection can be maintained up to 10 years from the filing date of the utility model application. Unlike patents, utility model protection cannot be obtained for methods (manufacturing methods, working methods).
Depending on the specific client's project, SCHATZ IP develops customized protection strategies for clients. Based on this protection strategy, SCHATZ IP prepares the necessary application documents. After filing these with the German Patent and Trademark Office (GPTO), SCHATZ IP represents clients before the GPTO and oversees the official application process through to the eventual registration of a utility model. SCHATZ IP then assists in maintaining the utility model protection.
Once a utility model has been registered, SCHATZ IP also advises and represents clients in matters relating to the enforcement of utility model protection against alleged infringers. Utility model protection can be enforced, for example, by means of a request for authorization, a warning letter, or a utility model infringement lawsuit.
In addition, SCHATZ IP assists in defending the utility model against attacks by third parties. Such an attack may take the form of a request for cancellation.
Independent of whether client has an own utility model protection or not, it may be advisable to challenge a third party's utility model if the third party's utility model hinders your own economic activity and no other agreement can be reached with the owner of the third party's utility model. In this regard, SCHATZ IP advises and represents clients before the GPTO. The attack on the third-party utility model can be carried out in the course of a cancellation request before the GPTO.
It is possible to monitor the intellectual property activities of third parties, in particular competitors, in order to gain an overview of the activities of third parties in client's technical field. Furthermore, it may be useful to monitor the intellectual property situation in client's technical field in general in order to avoid infringing the rights of third parties. SCHATZ IP carries out such monitoring, discussing in advance which monitoring strategy is most appropriate.
Particularly in cases where a client does not want to manufacture an invention protected by client's utility model yourself, client may consider licensing the utility model protection in order to allow licensees to manufacture the protected invention and receive financial compensation for this. SCHATZ IP also advises on such licensing matters and, in particular, assists in the drafting and negotiation of license agreements.
Utility models are essential for securing innovations by advanced technology companies and are therefore of enormous economic importance to these companies. Utility model protection is just as important for start-ups as it is for small and medium-sized enterprises, particularly in order to enable them to participate assertively in economic life. In addition, utility model protection naturally also plays an important role in large-scale industry. SCHATZ IP is happy to assist its clients in all matters relating to patent protection.
