Application, and then?
You will receive an acknowledgement containing the date of filing as well as the file number. Within three months from filing the application, the application fee must have been received by the DPMA; otherwise, the application will be deemed to have been withdrawn.
After the application fee has been received, the Utility Model Unit examines whether the application documents comply with the Utility Model Ordinance (Gebrauchsmusterverordnung). Formal examination includes completeness of the application and compliance with the formal requirements. Substantive examination is carried out as to whether the invention can be protected by a utility model in principle.
If deficiencies are found, this may lead to different legal consequences:
- if fundamental requirements are not met, registration of the utility model is not possible.
For example, the invention must be already disclosed in the documents submitted at the filing date in a comprehensive manner. It is not possible to add additional features in the further procedure. If the application is not withdrawn following a corresponding deficiency letter, the application will be refused by decision. A new application might then be an option.
- Formal deficiencies can usually be remedied. The Utility Model Unit will inform you about the deficiencies and how to remedy them.
If there are no deficiencies or if they have been remedied, the utility model will be entered into the official Register ( DPMAregister). The IP right becomes effective upon registration of the utility model allowing you to exploit your rights.
The utility model specification will be published approximately four weeks after registration and can then be searched in the DPMA databases.
Last updated: 14/12/18