Utility Models and Their Comparison with Patents and Implications for the US Intellectual Property Law System

Abstract

European Patent Office (EPO) practice, guided by the European Patent Convention (EPC) is in many aspects very similar to Europe's national patent practice, such as the German patent law. In this article, the US practitioner is briefly reminded of some of the considerable differences between US Patent and Trademark Office (USPTO) patent prosecution practice and its European counterparts, primarily the EPO. The utility model is highlighted and discussed using the patent laws of Germany as a case study for comparison. Additionally, this paper examines the potential benefits of utility model protection in the US, as well as what changes would be required in order to minimize any negative impact of the introduction of such a new intellectual property (IP) right to the existing US legal system.