The utility model – das Gebrauchsmuster – application strategies

You can apply  to postpone the publication of a utility model (Antrag auf Aussetzung). Doing so you can decide at which timepoint to register your utility model. This can be either directly after filing the application or at an individually choosen later point in time until the expiration of a period of 15 months beginning either with the day of filing the application or the priority date (Sec. 8 (1) Utility Model Law, Sec. 49 (2) Patent Law).

ADVANTAGES: Postponement may be useful if the applicant intends to

1. file an application in non-member States of the Paris Convention for the Protection of Industrial Property, 

2. make preparations in view of the commercial exploitation of the invention

3. wait for the result of a search before the registration of the utility model. The request for ascertainment of publications (search request) may be submitted at the time of filing the application, but also at a later date.

IMPORTANT TO KNOW: No industrial property right arises prior to registration. You can withdraw your request on postponement at any time.

 

For filing a utility model in Germany you must use request form G 6003 issued by the German Patent and Trade Mark Office. Together with the request, you must furnish a technical description of the invention. Furthermore you must submit claims. You can – but need not – enclose drawings showing details of your invention.

For more detailed information please read the brochure Information for Utility Model Applicants (http://www.dpma.de/docs/service/formulare_eng/gebrauchsmuster_eng/g6181_1.pdf).