1. How can I cancel a utility model?
Cancellation of a utility model may be requested by everyone at the patent office in writing. The official fee is € 300.
A utility model may be cancelled only for certain reasons, which are:
• the subject matter of the utility model can not be protected (lack of novelty or the lack of an inventive step, not of technical nature),
• the subject matter of the utility model has been already protected by a previous patent or a utility model application
• the subject-matter of the utility model has been unlawfully extended in comparison to the original version of the utility model application.
The GPTO decides on the request for the cancellation of the utility model. Appeals against a first instance decision are heard by the Utility Model Senate of the German Federal Patent Court.
Before a cancellation request is filed, it should be noted that cancellation procedures are similar to litigation proceedings. I.e. the underlying party has to bare all the costs – including the costs of the other party.
Please feel free to contact us for questions about cancellation of utility models. Our German and European patent attorneys in Munich will be pleased to advise you.
2. What I have to do, if I have received a cancellation request?
A utility model cancellation action is usually preceded by a warning letter including a declaration to cease and desist. If you have received such a warning letter, the facts and the legal position have to be examined thoroughly. For this purpose, we need a copy of the letter and some facts about the circumstances.
Please contact us for initial counseling in any matter of utiliy model cancellation. Our specialists can advise you and will check whether the request is justified at all.