FAQ
FAQ
Information on patents, utility models, trademarks, and designs.
Information on patents, utility models, trademarks, and designs.
On this site, we provide an overview and answers to frequently asked questions about industrial property rights and intellectual property. The information provided gives an initial overview of each topic and respective question, simplified for better understanding and not necessarily exhaustive.
For specific concerns or questions, individual legal advice is always required, and you are welcome to contact us directly for this purpose.
Questions and Answers about technical property rights
Questions and Answers about technical property rights
Questions and Answers about technical property rights
Patents + Utility Models
Patents + Utility Models
Patents + Utility Models
What is a patent? What is a utility model?
Both patents and utility models protect technical inventions and grant their owners limited-time and geographically limited usage monopolies. Patents can be applied for devices, products, or processes, while utility models can be applied for devices and products. Whereas a patent is a thoroughly examined protection right, the usually somewhat less expensive utility model, referred to as a 'small patent,' is registered without substantive examination.
Patents and utility models generally provide protection against imitation, which can lead to a competitive market advantage that can be strategically utilized—for example, for market insulation and securing market position, licensing, or attracting investors. Technical protection rights are often crucial for both established mid-sized companies and younger companies, such as startups, to establish, maintain, or expand their market position.
How is a patent filed? How is a utility model registered?
If a patent or utility model is to be registered, the necessary application documents must first be prepared. Ideally, this should be done by a competent patent attorney who understands your invention and, in particular, can abstract it in a meaningful way. In addition to a description including a summary and figures of the invention and corresponding claims, the application documents also include an application for the grant of a patent or registration of a utility model and the naming of the inventor.
The application itself is then filed with the relevant patent office, for example the German Patent and Trademark Office or the European Patent Office, depending on where protection is to be obtained. A frequently proven route to registration is via an initial national application to the DPMA and, if necessary, subsequent European or international applications to the EPO or WIPO. Upon receipt of the complete application documents, the application is assigned a filing date by the office, which is particularly important for determining the status of the claimed invention in terms of its patentability or protectability.
In the case of a patent application, submission is followed by the granting procedure, which, if successful, can lead to the granting of the patent. During the granting procedure, the patent application and, in particular, the claimed subject matter are examined with regard to its patentability (e.g., novelty, inventive step). If part of the claimed invention is already known from the relevant prior art, important aspects can often still be found that can justify patentability.
In the case of a utility model application, successful formal examination is followed by registration and publication of the utility model. No examination takes place here, which is why the registration of a utility model often takes significantly less time than the granting of a patent.
What are the requirements for obtaining a patent or registering a utility model? When is my invention patentable or protectable?
An invention that is to be protected by a patent or utility model should be new, inventive, and commercially applicable. In this context, “new” means that the invention has not yet been published—not even by the inventor themselves!—although certain publications may be disregarded when assessing novelty in connection with utility models. “Inventive” in this context means that the invention is not obvious from the prior art – i.e., what is already known. “Industrial applicability” is rarely a problem and is usually fulfilled if the invention is economically usable.
How much does it cost to register a patent or utility model? What costs can be expected until the patent is granted?
The costs for registering a patent or utility model vary from case to case and depend on factors such as the complexity of the invention, the scope of the application, and the countries in which the application is to be filed. The costs generally consist of official fees and patent attorney fees. As a rough estimate, the total costs for filing a German patent application or German utility model application prepared by a patent attorney can be expected to range from EUR 3,500 to EUR 6,500, although higher costs are not uncommon. The following costs can vary considerably, with patent applications generally incurring higher costs than utility model applications.
How long can it take from application to approval?
The time from filing to grant can vary depending on the filing strategy, filing office, grant procedure, etc. For German patent applications, a period of 2 to 4 years is not unusual. For German utility models, a period of less than one year from filing to registration is quite possible.
How long is a patent valid? How long is a utility model valid?
A patent can usually be valid for up to 20 years, and a utility model can usually be valid for up to 10 years. One of the prerequisites for this is that the necessary fees are paid. It is conceivable that further developments of the protected invention may occur in the meantime, for which technical property rights may in turn be obtained. These technical property rights then have a maximum term of protection of 20 or 10 years from the date of application.
Where is a patent valid? Where is a utility model valid?
In general, a patent is valid where it is filed and granted. A patent filed with the German Patent and Trademark Office (DPMA), for example, is valid in Germany after it has been granted. A patent filed with the European Patent Office (EPO), for example, can have uniform effect in the member states of the EU after it has been granted, or it can be validated specifically in certain European member states.
In particular, there is no possibility of obtaining a “worldwide patent,” but the PCT procedure does offer the possibility of an international patent application, which enables and, in particular, simplifies the granting of patents in a wide variety of countries and regions. However, a separate procedure must be carried out in each country in which protection is sought.
A utility model is a national property right and is only valid in the country in which it was registered. A utility model that is registered with the German Patent and Trademark Office (DPMA), for example, is valid in Germany after registration. There is no international registration procedure or European utility model, as is possible for patents.
How can I check whether my invention has already been patented?
To check whether an invention has already been patented, you can conduct a search—for example, in the register of the German Patent and Trademark Office (DPMA), the patent search of the European Patent Office (EPA), or Google Patents.
When conducting research, it is important to start with a thorough search of the databases to ensure that your invention is not already protected by an existing patent. Ideally, use different search terms and combinations to ensure that you find all relevant intellectual property rights.
Fragen und Antworten zu nicht-technischen Schutzrechten
Fragen und Antworten zu nicht-technischen Schutzrechten
Fragen und Antworten zu nicht-technischen Schutzrechten
Trademarks + Designs
Trademarks + Designs
Trademarks + Designs
What is a patent? What is a utility model?
From 2011 to 2017, I completed a technical degree at RWTH Aachen University. I earned my Bachelor's degree in classical mechanical engineering and subsequently obtained my Master's degree in process engineering. During my studies, I gained initial experience in the field of industrial property protection through a multi-month stay abroad in the patent department of an internationally active corporation.
Following my studies, I consolidated and expanded my technical expertise in process engineering and mechanical engineering through practical experience. Initially, I worked as a research assistant in the field of membrane and medical technology at the DWI Leibniz Institute for Interactive Materials in the research group led by Prof. Dr.-Ing. Matthias Wessling. There, I focused on the production of membranes for use in oxygenators, among other things. Subsequently, I worked in the field of vehicle technology for the Research Association for Automotive Technology (fka), a cooperation partner of the Institute for Automotive Engineering (ika) at RWTH Aachen University, led by Prof. Dr.-Ing. Lutz Eckstein.
In the spring of 2019, I began my training to become a patent attorney at a medium-sized law firm in Düsseldorf and successfully completed it in 2022, qualifying as a German patent attorney, a representative before the European Union Intellectual Property Office, and a European Patent Attorney. I am also admitted as a European Patent Litigator before the Unified Patent Court (UPC) since 2023. After completing my training, I worked for two years as an employed patent attorney before deciding to establish my own law firm at the end of 2024.
Christoph and I founded our law firm with the aim of providing top-notch advice in the field of industrial property protection for start-ups, individual inventors, and small and medium-sized enterprises—precisely the clientele I have been able to support during my training and subsequent work as a patent attorney. With the utmost focus on quality and individualized consultation, I help secure the innovations of my clients legally. Through tailored strategies and a proactive approach, I ensure that our clients are not only legally protected but can also compete successfully.
How is a patent filed? How is a utility model registered?
From 2011 to 2017, I completed a technical degree at RWTH Aachen University. I earned my Bachelor's degree in classical mechanical engineering and subsequently obtained my Master's degree in process engineering. During my studies, I gained initial experience in the field of industrial property protection through a multi-month stay abroad in the patent department of an internationally active corporation.
Following my studies, I consolidated and expanded my technical expertise in process engineering and mechanical engineering through practical experience. Initially, I worked as a research assistant in the field of membrane and medical technology at the DWI Leibniz Institute for Interactive Materials in the research group led by Prof. Dr.-Ing. Matthias Wessling. There, I focused on the production of membranes for use in oxygenators, among other things. Subsequently, I worked in the field of vehicle technology for the Research Association for Automotive Technology (fka), a cooperation partner of the Institute for Automotive Engineering (ika) at RWTH Aachen University, led by Prof. Dr.-Ing. Lutz Eckstein.
In the spring of 2019, I began my training to become a patent attorney at a medium-sized law firm in Düsseldorf and successfully completed it in 2022, qualifying as a German patent attorney, a representative before the European Union Intellectual Property Office, and a European Patent Attorney. I am also admitted as a European Patent Litigator before the Unified Patent Court (UPC) since 2023. After completing my training, I worked for two years as an employed patent attorney before deciding to establish my own law firm at the end of 2024.
Christoph and I founded our law firm with the aim of providing top-notch advice in the field of industrial property protection for start-ups, individual inventors, and small and medium-sized enterprises—precisely the clientele I have been able to support during my training and subsequent work as a patent attorney. With the utmost focus on quality and individualized consultation, I help secure the innovations of my clients legally. Through tailored strategies and a proactive approach, I ensure that our clients are not only legally protected but can also compete successfully.
Was sind die Voraussetzungen für die Erteilung eines Patents oder eines Gebrauchsmusters?
From 2011 to 2017, I completed a technical degree at RWTH Aachen University. I earned my Bachelor's degree in classical mechanical engineering and subsequently obtained my Master's degree in process engineering. During my studies, I gained initial experience in the field of industrial property protection through a multi-month stay abroad in the patent department of an internationally active corporation.
Following my studies, I consolidated and expanded my technical expertise in process engineering and mechanical engineering through practical experience. Initially, I worked as a research assistant in the field of membrane and medical technology at the DWI Leibniz Institute for Interactive Materials in the research group led by Prof. Dr.-Ing. Matthias Wessling. There, I focused on the production of membranes for use in oxygenators, among other things. Subsequently, I worked in the field of vehicle technology for the Research Association for Automotive Technology (fka), a cooperation partner of the Institute for Automotive Engineering (ika) at RWTH Aachen University, led by Prof. Dr.-Ing. Lutz Eckstein.
In the spring of 2019, I began my training to become a patent attorney at a medium-sized law firm in Düsseldorf and successfully completed it in 2022, qualifying as a German patent attorney, a representative before the European Union Intellectual Property Office, and a European Patent Attorney. I am also admitted as a European Patent Litigator before the Unified Patent Court (UPC) since 2023. After completing my training, I worked for two years as an employed patent attorney before deciding to establish my own law firm at the end of 2024.
Christoph and I founded our law firm with the aim of providing top-notch advice in the field of industrial property protection for start-ups, individual inventors, and small and medium-sized enterprises—precisely the clientele I have been able to support during my training and subsequent work as a patent attorney. With the utmost focus on quality and individualized consultation, I help secure the innovations of my clients legally. Through tailored strategies and a proactive approach, I ensure that our clients are not only legally protected but can also compete successfully.
How much does it cost to register a patent or utility model? What costs can be expected until the patent is granted?
From 2011 to 2017, I completed a technical degree at RWTH Aachen University. I earned my Bachelor's degree in classical mechanical engineering and subsequently obtained my Master's degree in process engineering. During my studies, I gained initial experience in the field of industrial property protection through a multi-month stay abroad in the patent department of an internationally active corporation.
Following my studies, I consolidated and expanded my technical expertise in process engineering and mechanical engineering through practical experience. Initially, I worked as a research assistant in the field of membrane and medical technology at the DWI Leibniz Institute for Interactive Materials in the research group led by Prof. Dr.-Ing. Matthias Wessling. There, I focused on the production of membranes for use in oxygenators, among other things. Subsequently, I worked in the field of vehicle technology for the Research Association for Automotive Technology (fka), a cooperation partner of the Institute for Automotive Engineering (ika) at RWTH Aachen University, led by Prof. Dr.-Ing. Lutz Eckstein.
In the spring of 2019, I began my training to become a patent attorney at a medium-sized law firm in Düsseldorf and successfully completed it in 2022, qualifying as a German patent attorney, a representative before the European Union Intellectual Property Office, and a European Patent Attorney. I am also admitted as a European Patent Litigator before the Unified Patent Court (UPC) since 2023. After completing my training, I worked for two years as an employed patent attorney before deciding to establish my own law firm at the end of 2024.
Christoph and I founded our law firm with the aim of providing top-notch advice in the field of industrial property protection for start-ups, individual inventors, and small and medium-sized enterprises—precisely the clientele I have been able to support during my training and subsequent work as a patent attorney. With the utmost focus on quality and individualized consultation, I help secure the innovations of my clients legally. Through tailored strategies and a proactive approach, I ensure that our clients are not only legally protected but can also compete successfully.
How long can it take from application to approval?
From 2011 to 2017, I completed a technical degree at RWTH Aachen University. I earned my Bachelor's degree in classical mechanical engineering and subsequently obtained my Master's degree in process engineering. During my studies, I gained initial experience in the field of industrial property protection through a multi-month stay abroad in the patent department of an internationally active corporation.
Following my studies, I consolidated and expanded my technical expertise in process engineering and mechanical engineering through practical experience. Initially, I worked as a research assistant in the field of membrane and medical technology at the DWI Leibniz Institute for Interactive Materials in the research group led by Prof. Dr.-Ing. Matthias Wessling. There, I focused on the production of membranes for use in oxygenators, among other things. Subsequently, I worked in the field of vehicle technology for the Research Association for Automotive Technology (fka), a cooperation partner of the Institute for Automotive Engineering (ika) at RWTH Aachen University, led by Prof. Dr.-Ing. Lutz Eckstein.
In the spring of 2019, I began my training to become a patent attorney at a medium-sized law firm in Düsseldorf and successfully completed it in 2022, qualifying as a German patent attorney, a representative before the European Union Intellectual Property Office, and a European Patent Attorney. I am also admitted as a European Patent Litigator before the Unified Patent Court (UPC) since 2023. After completing my training, I worked for two years as an employed patent attorney before deciding to establish my own law firm at the end of 2024.
Christoph and I founded our law firm with the aim of providing top-notch advice in the field of industrial property protection for start-ups, individual inventors, and small and medium-sized enterprises—precisely the clientele I have been able to support during my training and subsequent work as a patent attorney. With the utmost focus on quality and individualized consultation, I help secure the innovations of my clients legally. Through tailored strategies and a proactive approach, I ensure that our clients are not only legally protected but can also compete successfully.
How long is a patent valid? How long is a utility model valid?
From 2011 to 2017, I completed a technical degree at RWTH Aachen University. I earned my Bachelor's degree in classical mechanical engineering and subsequently obtained my Master's degree in process engineering. During my studies, I gained initial experience in the field of industrial property protection through a multi-month stay abroad in the patent department of an internationally active corporation.
Following my studies, I consolidated and expanded my technical expertise in process engineering and mechanical engineering through practical experience. Initially, I worked as a research assistant in the field of membrane and medical technology at the DWI Leibniz Institute for Interactive Materials in the research group led by Prof. Dr.-Ing. Matthias Wessling. There, I focused on the production of membranes for use in oxygenators, among other things. Subsequently, I worked in the field of vehicle technology for the Research Association for Automotive Technology (fka), a cooperation partner of the Institute for Automotive Engineering (ika) at RWTH Aachen University, led by Prof. Dr.-Ing. Lutz Eckstein.
In the spring of 2019, I began my training to become a patent attorney at a medium-sized law firm in Düsseldorf and successfully completed it in 2022, qualifying as a German patent attorney, a representative before the European Union Intellectual Property Office, and a European Patent Attorney. I am also admitted as a European Patent Litigator before the Unified Patent Court (UPC) since 2023. After completing my training, I worked for two years as an employed patent attorney before deciding to establish my own law firm at the end of 2024.
Christoph and I founded our law firm with the aim of providing top-notch advice in the field of industrial property protection for start-ups, individual inventors, and small and medium-sized enterprises—precisely the clientele I have been able to support during my training and subsequent work as a patent attorney. With the utmost focus on quality and individualized consultation, I help secure the innovations of my clients legally. Through tailored strategies and a proactive approach, I ensure that our clients are not only legally protected but can also compete successfully.
Where is a patent valid? Where is a utility model valid?
From 2011 to 2017, I completed a technical degree at RWTH Aachen University. I earned my Bachelor's degree in classical mechanical engineering and subsequently obtained my Master's degree in process engineering. During my studies, I gained initial experience in the field of industrial property protection through a multi-month stay abroad in the patent department of an internationally active corporation.
Following my studies, I consolidated and expanded my technical expertise in process engineering and mechanical engineering through practical experience. Initially, I worked as a research assistant in the field of membrane and medical technology at the DWI Leibniz Institute for Interactive Materials in the research group led by Prof. Dr.-Ing. Matthias Wessling. There, I focused on the production of membranes for use in oxygenators, among other things. Subsequently, I worked in the field of vehicle technology for the Research Association for Automotive Technology (fka), a cooperation partner of the Institute for Automotive Engineering (ika) at RWTH Aachen University, led by Prof. Dr.-Ing. Lutz Eckstein.
In the spring of 2019, I began my training to become a patent attorney at a medium-sized law firm in Düsseldorf and successfully completed it in 2022, qualifying as a German patent attorney, a representative before the European Union Intellectual Property Office, and a European Patent Attorney. I am also admitted as a European Patent Litigator before the Unified Patent Court (UPC) since 2023. After completing my training, I worked for two years as an employed patent attorney before deciding to establish my own law firm at the end of 2024.
Christoph and I founded our law firm with the aim of providing top-notch advice in the field of industrial property protection for start-ups, individual inventors, and small and medium-sized enterprises—precisely the clientele I have been able to support during my training and subsequent work as a patent attorney. With the utmost focus on quality and individualized consultation, I help secure the innovations of my clients legally. Through tailored strategies and a proactive approach, I ensure that our clients are not only legally protected but can also compete successfully.
How can I check whether my invention has already been patented?
From 2011 to 2017, I completed a technical degree at RWTH Aachen University. I earned my Bachelor's degree in classical mechanical engineering and subsequently obtained my Master's degree in process engineering. During my studies, I gained initial experience in the field of industrial property protection through a multi-month stay abroad in the patent department of an internationally active corporation.
Following my studies, I consolidated and expanded my technical expertise in process engineering and mechanical engineering through practical experience. Initially, I worked as a research assistant in the field of membrane and medical technology at the DWI Leibniz Institute for Interactive Materials in the research group led by Prof. Dr.-Ing. Matthias Wessling. There, I focused on the production of membranes for use in oxygenators, among other things. Subsequently, I worked in the field of vehicle technology for the Research Association for Automotive Technology (fka), a cooperation partner of the Institute for Automotive Engineering (ika) at RWTH Aachen University, led by Prof. Dr.-Ing. Lutz Eckstein.
In the spring of 2019, I began my training to become a patent attorney at a medium-sized law firm in Düsseldorf and successfully completed it in 2022, qualifying as a German patent attorney, a representative before the European Union Intellectual Property Office, and a European Patent Attorney. I am also admitted as a European Patent Litigator before the Unified Patent Court (UPC) since 2023. After completing my training, I worked for two years as an employed patent attorney before deciding to establish my own law firm at the end of 2024.
Christoph and I founded our law firm with the aim of providing top-notch advice in the field of industrial property protection for start-ups, individual inventors, and small and medium-sized enterprises—precisely the clientele I have been able to support during my training and subsequent work as a patent attorney. With the utmost focus on quality and individualized consultation, I help secure the innovations of my clients legally. Through tailored strategies and a proactive approach, I ensure that our clients are not only legally protected but can also compete successfully.
Let's start to protect your innovations.
Let's start to protect your innovations.
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