one Utility model application differs from one in several essential points Patent Application. Here are the significant differences:

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1. Object of protection

• Patent: Protects technical inventions, the new, inventive (so not obvious) and are commercially applicable. This includes products, Procedure and devices.
• Utility model: Also protects technical inventions, but no procedures. verfahren, Like manufacturing processes, Working methods or chemical processes, can only be protected by patents.

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2. Exam procedure and granting process

• Patent: The patent office checks the registration comprehensively Newness, inventive activity and commercial applicability. The patent is only granted after successful examination.
• Utility model: The registration is only on formal criteria tested, but not on novelty and inventive activity. The utility pattern is therefore Without content examination faster (often within a few weeks).

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3. Duration

• Patent: bis zu 20 Years, If the annual fees are paid.
• Utility model: Maximal 10 Years, If it is extended regularly.

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4. Novelty requirements

• Patent: Strictive demands on novelty. An invention is allowed Nowhere before have been revealed (worldwide novelty concept).
• Utility model: Something Milder novelty test - a six -month Novelty gilt. That means, that the inventor may not have its own preliminary publication.

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5. Inventive step

• Patent: It will be one Inventive step required, d. h., The invention must not be obvious for a specialist from the state of the art.
• Utility model: Instead of inventive activity, only one inventive step required, which is often seen as weaker hurdles.

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6. Costs

• Patent: More expensive than a user model registration. In addition to the registration fee, there are costs for the examination and possibly for a patent attorney advice.
• Utility model: Cheaper, Since there is no content examination and the exam fees are therefore omitted.

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7. Legal resistance and vulnerability

• Patent: Since it is comprehensively checked before the grant, Does a granted patent have a high level of legal resistance.
• Utility model: Can be attacked and deleted more easily, Since there is no examination for novelty and inventive activity.

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8. Use as a protective strategy

• Patent: Good for long -term, Stable protection of important innovations.
• Utility model: Is often as Fast protection used, While a patent is still in the examination phase.

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Patent or utility pattern

• ein Patent offers comprehensive, long -term protection, But is expensive and lengthy in the process.
• ein Utility model is faster and cheaper, but less stable and only applicable to certain inventions.

Which strategy makes more sense, depends on the respective invention and the business model.