Patentanwalt Dr. Betram Rapp

by Dipl.-Phys. Dr. Bertram Rapp

Patent attorney Dr. Bertram Rapp, Charrier Rapp & Liebau

“Can I upgrade a utility model to a patent?”

B4B readers ask, our industry experts from the region answer: “Can you, as a precaution, apply for a “fast” utility model protection and then later upgrade that to a patent?” Dr. Bertram Rapp of CHARRIER RAPP & LIEBAU, our expert on patent issues, knows whether this is possible.
Yes, this is possible if the patent application is filed within one year (priority year) after the filing date of the utility model, claiming the so-called “internal priority”. This procedure is also frequently practiced in order to, on the one hand, obtain rapid protection through the rapid registration of the utility model, which has not been officially examined for the existence of the protection requirements, and subsequently to benefit from twice the term (20 instead of 10 years) of a corresponding patent.Care in drafting

However, the drafting of the utility model application should already be carried out with extreme care, since only the facts fully described therein can be incorporated into the patent application while retaining the priority, i.e. the filing date of the utility model. Furthermore, with regard to further developments within the priority year, it is advisable to file a request for suspension of registration with the utility model application, so that this does not stand in the way of a modified later patent application.

Do you have any questions for patent expert Dr. Bertram Rapp, or would you like more in-depth advice?

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