Challenges and Opportunities of German Utility Model Cancellation Procedure

How to Cancel a Utility Model Patent in Germany

In Germany, any individual can file a request to cancel a utility model without needing to demonstrate any particular legal interest. This undoubtedly lowers the threshold for filing such requests and means that patent holders need to be extra vigilant in protecting their intellectual property. Filing a cancellation request requires a fee of 300 euros and must be submitted in writing, accompanied by reasons. The openness of this process presents new challenges in safeguarding your innovations while also providing a pathway for anyone wishing to contest existing utility models.

The German Patent and Trade Mark Office (DPMA) takes these requests seriously and assembles a panel consisting of one lawyer and two patent examiners from the relevant technical fields to review the case. If dissatisfied with the DPMA's decision, either party can appeal to the Federal Patent Court. Throughout the legal proceedings, the losing party must cover all costs, including those of the opposing side. This implies that once legal action is initiated, parties must be prepared to face both technical and legal challenges, as well as the financial implications.

It is important to note that German ordinary courts have jurisdiction over a variety of lawsuits involving intellectual property, such as infringement, injunctions, damages, and criminal liability. Lawsuits can be initiated directly in court or by reporting to the prosecution office. This provides intellectual property holders with more diverse avenues for legal protection.