What types of patents are there?
June 13, 2023 | 40,00 EUR | answered by Andrea Maier
Dear patent attorney,
My name is Jürgen Kock and I am an aspiring inventor. Over the past few years, I have worked hard to develop innovative ideas and products that I would like to protect through a patent. However, I am now faced with the challenge of not knowing exactly what types of patents exist and which would be best suited for my inventions.
My current projects include a new technology for renewable energy and an innovative medical device. Both ideas could potentially be revolutionary and I want to ensure that they are adequately protected to secure my investments and efforts.
I am concerned that I may not be aware of all the options available and therefore make the wrong decision when it comes to determining which patent is best suited for my inventions. Therefore, I would like to request your advice and information on the different types of patents.
Could you please explain to me what types of patents exist and what the differences are between a utility model, a patent, and a design protection? Which patent would be most suitable for my renewable energy technology and my medical device? Are there any specific requirements or deadlines that I need to be aware of?
Thank you in advance for your support and guidance. I look forward to hearing from you and ensuring that my inventions receive the proper protection.
Sincerely,
Jürgen Kock
Dear Mr. Kock,
Thank you for your inquiry and your interest in protecting your innovative ideas through patents. As an aspiring inventor, it is important to educate yourself about the different types of patents in order to make the right decision for your inventions.
Firstly, I would like to provide you with an overview of the various types of patents commonly used in Germany. There is the utility model, the patent, and the design protection. Each of these intellectual property rights has specific characteristics and scope of application, which I will explain in more detail below:
1. The utility model: A utility model protects technical inventions through a quick and cost-effective procedure. Unlike a patent, a utility model is not examined for novelty and inventive step, but only for formalities. It offers limited protection for up to 10 years.
2. The patent: A patent protects technical inventions that are new, based on inventive activity, and industrially applicable. It is examined and granted at a national or international level, providing protection for up to 20 years. A patent offers a more comprehensive protection than a utility model, as it must meet stricter requirements.
3. Design protection: Design protection safeguards the external appearance of a product, such as its shape, color, or surface structure. It aims to protect the design from imitations and may be relevant for products with aesthetic features.
For your renewable energy technology and medical device, both a patent and a utility model could be considered, depending on the specific features and scope of protection you seek. Since your projects involve technical inventions that may also involve inventive activity, a patent may be the better choice to ensure comprehensive protection.
It is important to note that patents and utility models must meet certain requirements to be valid, including novelty, inventive step, and industrial applicability. There are also specific deadlines that must be met, such as filing the patent application within 12 months of the first disclosure of the invention.
I recommend contacting a specialized patent attorney for individual advice and to best protect your inventions. An experienced attorney can assist you in selecting the appropriate intellectual property right and filing the corresponding application.
I hope this information is helpful to you and I am available for further questions.
Best regards,
Andrea Maier
Patent Attorney
