Utility model
Also called utility models, petty patent, short-term patent, Gebrauchsmuster, utility model patent, second-tier patent
Utility model is a patent-like right for technical inventions, available in some countries, with a shorter term and usually less stringent requirements than a patent6. In most countries, utility model applications are not examined as to substance before registration6. In China, it is a new technical solution proposed for the shape, the structure, or their combination, of a product, which is fit for practical use (Patent Law of the PRC, Article 2)1.
Germany describes utility models as unexamined IP rights: during registration there is no examination as to novelty, inventive step and industrial application2. This page covers China and Germany.
Utility model vs patent
| Aspect | Utility model | Patent |
|---|---|---|
| What it covers | China: a new technical solution for the shape, structure or their combination of a product (Article 2)1. Germany: technical inventions, but technical, chemical and biological processes can be patented and not protected as utility models4 | China: an invention is any new technical solution proposed for a product, a process or the improvement thereof (Article 2)1 |
| Examination before grant | China: the right is granted where no cause for rejection is found after preliminary examination (Article 40)1. Preliminary examination includes whether the application obviously fails Article 22 (Implementing Regulations, Rule 50(2))7. Germany: no examination as to novelty, inventive step and industrial application during registration2 | China: substantive examination on the applicant's request, made within three years of the filing date, or of the priority date where priority is claimed (Implementing Regulations, Rule 12)7; without a justified reason for not requesting it, the application is deemed withdrawn (Articles 35, 39)1 |
| Inventiveness standard | China: the utility model has substantive features and represents a progress (Article 22)1 | China: the invention has prominent substantive features and represents an obvious progress (Article 22)1 |
| Term | China: 10 years from the filing date (Article 42)1. Germany: up to ten years2 | China: 20 years from the filing date (Article 42)1. Germany: a patent can be kept in force for up to 20 years2 |
How a utility model is granted
China
- Where no cause for rejection is found after preliminary examination of a utility model application, the patent administration department makes a decision to grant the right, issues a patent certificate, and registers and announces it (Patent Law of the PRC, Article 40)1.
- The utility model right takes effect as of the date of the announcement (Article 40)1.
- The same applicant may file a utility model and an invention patent application for the identical invention-creation on the same day. If the earlier-granted utility model has not been terminated and the applicant declares its abandonment, the invention patent may be granted (Article 9)1.
Germany
- After filing, the applicant receives an acknowledgement with the filing date and file number. The application fee must reach the DPMA within three months of filing, otherwise the application is deemed withdrawn5.
- The DPMA checks formal requirements and whether the invention can in principle be protected by a utility model. The invention must be disclosed comprehensively in the documents filed, and additional features cannot be added later5.
- If there are no deficiencies, the utility model is entered into the official register. The right becomes effective upon registration5.
- The DPMA reports that registration is completed, on average, within 4.0 months (status 2024)4.
- Utility model protection is initially available for three years and may be extended to a maximum of ten years. Maintenance fees are due after three, six and eight years, and the utility model lapses if a fee is not paid in full and on time4.
Enforcing and challenging a utility model
Because substantive requirements are not examined in full at grant, they can be tested later. In China, preliminary examination reaches only whether the application obviously fails them (Implementing Regulations, Rule 50(2))7.
- Germany. Examination as to novelty, inventive step and industrial application is carried out subsequently, within cancellation or infringement proceedings. The DPMA notes a greater risk that a utility model is challenged and cancelled2.
- China, evaluation report. In a dispute over a utility model or design patent, the people's court or the department in charge of patent-related work may ask the patentee or an interested party to furnish a patent right evaluation report made by the patent administration department after search, analysis and evaluation, and use it as evidence (Article 66)1.
- China, invalidation. Beginning from the announcement of grant, any entity or individual that considers the grant not in conformity with the Patent Law may request that the patent right be declared invalid (Article 45)1. The grounds are limited to those listed in Rule 69 of the Implementing Regulations of the Patent Law7.
Searching for prior art before filing helps. The DPMA advises thorough searches to make sure the requirements are met2. See Prior art and Patentability search.
Questions people ask
Draft and prosecute
Patent Drafting AI Agent
An AI agent that drafts claims and a full specification from a disclosure, with a compliance review before you finish.
Start draftingIs a utility model the same as a patent?
No. Both can protect technical inventions, but they differ in examination, term and scope. In Germany, the term of a utility model is up to ten years against up to 20 for a patent, and substantive requirements are not examined at registration2,4. In China, a utility model lasts 10 years from filing and an invention patent 20 years1.
How long does a utility model last?
In China, 10 years from the filing date (Article 42)1. In Germany, protection is initially available for three years and may be extended to a maximum of ten years4.
Is a utility model examined for novelty before it is granted?
It depends on the country. In Germany, there is no examination as to novelty, inventive step and industrial application during registration2. In China, a utility model is granted after preliminary examination rather than substantive examination (Article 40)1, but the preliminary examination includes whether the application obviously fails the novelty, inventiveness and practical applicability requirements of Article 22 (Implementing Regulations, Rule 50(2))7. The substantive examination in Article 35 applies to invention patent applications1.
How it connects
Go from the term to the task
Read how the method works, run it on your own product or idea, then try a free tool.
- 01 / How-toPatentability search: a practical guideCheck whether an invention is new before you spend on a filing.Read
- 02 / AI agentNovelty Search AI AgentAn AI agent that searches prior art for your invention and compares each reference with it feature by feature.Run it
- 03 / Free toolPatent draft style studioRewrite a technical description in claim language.Try tool