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Utility Models

The relation of Utility Models to Patents can not be deemed as being on a lower level in general (cp.: German Surpreme Court of Justice, Decision as of June 20, 2006, Ref.: X ZB 27/05 – “Demonstrationsschrank”). It is rather a question of mutual supplementation by using suitable application strategies.

The Utility Model registration proceedings do not comprise a substantial examination – completely on the contrary to the Patent granting proceedings. Therefore the registration process is commonly accomplished within 10 or 12 week so that the Utility Model is set in forth relatively quick. Lawsuits on Patent basis are usually admissible not before granting of the Patent (within 1 or 2 years after application). The time lag of protection can be remedied by Utility Models; being a first application in the sense of Paris Convention in a suitable way the priority right that is risen by this Utility Model can be claimed in future national, EP or PCT-Applications.