Intellectual Property Rights
Patents and utility rights protect an article differentiating itself from older ones through an inventive technical element. Both property rights have to be filed at the DPMA (German Patent and Trade Mark Office) or the European Patent Office (patents only), and possess a maximum duration of 20 years (patent) or 10 years (utility models). It is possible to extend the duration of a patent to 25 years for pharmaceutical products.
A patent will be thoroughly examined for patentability by the relevant department of the respective office. A utility model will only be formally examined and immediately registered by the DPMA. However cancellation proceedings are possible to challenge the legal validity of the utility model.
The information provided on this web site is for informational purposes only and is not intended to be or does not constitute considered legal advice.