The German utility model is particularly attractive for many technical IP protection strategies because it can be registered relatively quickly with the German Patent and Trade Mark Office (DPMA). Unlike a patent, the DPMA does not conduct a comprehensive examination before registration to determine whether the invention is actually new and inventive. For that very reason, the utility model is not a “small patent,” but an independent intellectual property right with its own fee structure.
Application fee for a utility model
The official application fee is currently EUR 30 for electronic filing and EUR 40 for paper filing. In addition, a search fee of EUR 250 may be requested optionally. This search is not mandatory for registration, but it can be useful when assessing protectability.
No annual fees as with patents
A utility model does not involve annually increasing renewal fees as a patent does. Instead, the right is initially maintained for three years and can then be extended in three stages. This makes the fee structure considerably easier to understand.
Maintenance fees up to the maximum term
The following fees are charged by the DPMA for further maintenance:
- EUR 210 for maintenance up to the end of the 6th year of protection
- EUR 350 for maintenance up to the end of the 8th year of protection
- EUR 530 for maintenance up to the end of the 10th year of protection
Anyone filing electronically and maintaining the utility model for the full ten-year term will therefore incur a total of EUR 1,120 in official fees. If a search is additionally requested, the total amount increases to EUR 1,370.
