Utility model protection

What is the difference between a patent and a utility model?

A patent is an examined property right, whereas a utility model is an unexamined property right. That means that an application for protection of a utility model is not examined after submission for novelty, inventiveness and industrial applicability. The state of the art is not determined before registration of a utility model. It is therefore helpful to conduct a search in advance to ascertain whether a utility model is actually capable of being protected.

Difference between patent and utility model

  • A utility model is an unexamined property right.
  • Technical, chemical and biological processes are not capable of protection.
  • A patent can be maintained for 20 years, a utility model for a maximum of 10 years.
  • For utility models, a period of grace of six months applies, i.e. publication may take place a maximum of six months previously. In the case of a patent, NO publication is permitted in advance

We can help you to verify the novelty of your invention by offering the following searches:

Prior art search (Novelty search)

Assisted search

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