German Utility Model (Gebrauchsmuster)

How to file a German Utility Model:

1. Register or login
2. Complete the online application form
3. Upload documents
4. Pay US$570 filing fee

No documents need to be commissioned, notarized or legalised.

No original documents need to be couriered to us.

Costs:

• Filing: US$570 (inclusive of: 40 Euro in official fees for PCT national phase applications).
• Postage of registration certificate (optional): US$110, provided that up to 6 German Utility Models may be included in a parcel.

Post is sent by the German postal service.

Deadline:

Filing deadline (PCT): 31 months from the PCT priority date / filing date.

Filing receipt and number:

We will email you a filing receipt and application number within 2-3 business days of filing.

Prosecution:

• No substantive examination
• Registration typically takes 2-3 months, whereupon we will send you a scanned copy of the registration certificate
• Publication occurs about 6 weeks following registration
• Status updates are sent by email
• Manage and track prosecution via your online portfolio
• Postage of the paper registration certificate is optional

Timelines:

• Filing: within 2-3 business days of payment
• Receipt of registration certificate: within 2-3 months
• Publication: within 6 weeks of registration

Examination, novelty and inventiveness:

German Utility Models undergo formal examination only and are not subject to substantive examination.

Absolute novelty is not required. Only the following impact novelty of German Utility Models:

• prior printed publications (worldwide); and
• prior use in Germany.

Furthermore, prior disclosure and use by the applicant during the previous 6 months is excused.

The inventiveness test is similar as for patents.

Specification requirements:

General:

• Specification must be in German.
• Do not use brand names / trademarks in the title or specification.
• Use typed text. No handwriting.
• Margins: upper 2.5cm, left 2.5cm, right 1.5cm, bottom 1cm

Claims:

• Each application may cover only one invention.
• No method claims or claims directed at plant or animal varieties are permitted. However, the figures and description may refer to methods.
• Multiple claim dependency is allowed.
• Several independent claims may be included in the application.
• Use SI units (e.g., "m" for meter; do not use foot or inch).

Drawings:

• Must be in black and white (grey is allowed). Do not use colour or photographs.
• Add reference numerals to drawings (referenced in description and claims).
• Drawing numbers and reference numbers in drawings must be at least 0.32cm high.
• Do not use text in the drawings apart from reference numbers, flow charts and figure numbers (e.g. "Fig. 1")

Description:

The description should include a short description of the figures.

Divide the Description, Claims and Drawings into separate files.

Language:

German Utility Models must be in German. We require the German translation to be provided on filing.

Priority:

Where the German Utility Model flows from a PCT patent: only the earliest priority date is required; priority details and copies of priority documents are not required.

German translations of priority documents are not required.

Inventors:

No inventor's details are required, and no inventor's details will be included in the German Utility Model certificate.

However, applicants should retain proof of assignment of the invention, should chain of title later be questioned by an infringer.

Amendments:

German Utility Models may be amended on filing (e.g. to remove method claims). Changes to the applicant may also be made on filing.

If claims are cancelled, the numbering must be adjusted to avoid a gap in the numbering (e.g., if claim 8 is cancelled, then claim 9 must be renamed to be claim 8).

Article 19 and 34 amendments made during the PCT phase will flow into the German Utility Model. However, translations of:

• the PCT specification (as filed); and
• the Article 19 and/or 34 amendments,

will need to be uploaded.

Only "clean copies" of the amended patents are required. No copies showing changes in tracked format need to be submitted.

Cost to submit an amendment on filing: $0

Cost to change applicant's name on filing: $80

Renewals:

German Utility Models must be renewed on the 3rd (210 Euro official fee), 6th (350 Euro official fee) and 8th (530 Euro official fee) anniversary of the PCT filing date / German Utility Model filing date (earliest of).

Renewals may be late-paid during the 6-month grace period (50 Euro official surcharge fee).

Renewals can be processed up to 12 months before the due date using the PayAnnuity patent renewal system.

German Utility Models expire on the 10th anniversary of the PCT filing date.

Rights:

German Utility Models grant the same rights as German patents (e.g. exclusive right to make, use and sell).

Our German agent:

Our German agent for German Utility Models is Prisma IP (Munich).

How to file a German Utility Model

[Page provided by Prisma IP]