What are the differences between a patent and a utility model?
What are the differences between a patent and a utility model?
Information from the German Patent and Trademark Office (DPMA)
Inventions which are new, involve an inventive step and have an industrial application can be protected by a patent as well as by an utility model. However, it is important to mention that technical and chemical processes can only be patented but cannot be protected by an utility model.
Utility models confers exclusivity for a maximum period of only 10 years. This is an important difference to patents. A patent can be maintained for a period of 20 years, in special cases (drugs) for a period of 25 years.
The legal protection of an utility model is initially valid for 3 years. After 3, 6 and 8 years the legal protection can be extended. At each step a maintenance fee has to be paid.
The patent office does not check the novelty, inventive step and industrial application of an utility model. Only in a later cancellation procedure or infringement suit these conditions are examined. Therefore an utility model can be achieved simpler, faster and cheaper than a patent. But there is also a bigger risk that it will be attacked and revoked.
Patents in contrast are only granted after an examination of novelty, inventive step and industrial application. These step are often very time-consuming and costly.
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What are the steps of an international patent application (PCT application)?
What are the steps of an international patent application (PCT application)?
Procedure for the grant of an international patent:
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often a local patent application (e.g. a German patent application) is the basis for a follow-on PCT application
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filing of an international patent application (e.g. at DPMA)
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transfer of the international patent application to the "International Searching Authority (ISA)"
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transfer to the World Intellectual Property Organization ("WIPO")
- publication of the international patent application including a search report after 18 months
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international examination report
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transfer to designated national patent offices
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start of national phases (within 30 months of the priority date)
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What are the steps of a German patent application?
What are the steps of a German patent application?
Patent applications for Germany are handled by the German Patent and Trademark Office (DPMA). It is highly recommended to work with a patent attorney to ensure that formal requirements for a patent application are fulfilled. Here is the DPMA application form and a information sheet about the German patent application. If working with MBM ScienceBridge GmbH the patent attorneys are usually selected by us depending on the area of an invention. No costs arise for the inventor.
- Check for obvious obstacles to patentability („Patentierungshindernisse“)
The DPMA checks the patent application for compliance with formal requirements and for the presence of obvious obstacles to patentability. You can find the description of obstacles to patentability in the information sheet “Merkblatt für Patentanmelder” under Section VII: "What happens after the patent application?" (page 10).
- Request for examination a patent application
A request for examination of the patent application must be made within 7 years after the patent application. This request starts an in depth examination of the patentability of a patent application. Only after a successful examination can a patent be granted.
- Publication of a patent application
The patent application is automatically published online 18 months after its filing, regardless of the status of procedure ("Offenlegungsschrift"). The patent application is then searchable for everybody.
Only after a positive result of the examination on substantive patentability a patent is granted. With the publication of the grant of a patent in the Patent Office Journal (“Patentblatt”) the legal effects of the patent enter into force.
- Time span for filing an appeal („Einspruchsphase“)
With the publication of the grant of a patent a 3-months time span for filing an appeal begins. During this period everyone can file an appeal against the grant of the patent. An appeal leads to a re-examination of the lawfulness of the granting.
- Maintenance of a patent („Patentaufrechterhaltung“)
Starting from the 3rd year, an annual fee to maintain the patent is due. Altogether, a patent can be maintained for a period of 20 years, in special cases (drugs) for a period of 25 years.
Link:
Deutsches Patent- und Markenamt (www.dpma.de)
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Does the inventor receive a share from commercialization revenues even if he leaves the university?
Does the inventor receive a share from commercialization revenues even if he leaves the university?
Yes! Inventors from universities will receive a 30% share of the gross revenues if his employer claims and commercializes the service invention - no matter if he leaves the university or goes into retirement.
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