Utility Models - Overview
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The meaning and extent of the word “utility model” can best be explained considering the following example:
An engineering company has developed a new machine with considerable capital expenditure and intends to prevent competitors from using and selling the improved machine on the market at a reduced rate, thus saving the investment cost.
A patent or utility model application offers protection from the improved machine being used by other competitors without authorization.
A utility model is granted for inventions that are new and based upon creative activity. A utility model is a mere register right; that means the Patent and Trademark Office does not check whether it is possible to protect something. A utility model has a maximum lifetime of ten years. Only devices can be protected by a utility model (for example engines).
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Procedures (for example production procedures), however, may only be protected by a patent.
The utility model constitutes an injunctive relief for the owner to prevent others from using the idea protected in the respective country where the utility model is valid.
Firstly, relying on the information concerning the invention, we check whether it is basically possible to protect the respective object as a utility model. Secondly, we draft a rough concept for the description of the invention and the formulation of a claim respectively.
It is then to be decided whether research has to be conducted first or it is possible to file an immediate application.
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