Gebrauchsmuster
Encyclopedia
In German
and Austria
n patent
law
s, the Gebrauchsmuster (GebrM), also known as German utility model or Austrian utility model, is a patent-like, intellectual property
right protecting invention
s.
The Gebrauchsmuster is slightly different from the patent. It mainly differs from the patent in that processes and methods cannot be protected by a Gebrauchsmuster, only products can. Furthermore, the term
of a Gebrauchsmuster, that is its maximal lifetime, is 10 years from the date of registration. In contrast, a patent has usually a term of 20 years from the date of filing of the application.
has some interesting characteristics, when compared to the German patent or to the European patent
designating Germany:
German utility models are made available to the public directly when they are registered (Eintragungstag, the date of entry of the German utility model in the register of utility models of the German Patent and Trademark Office (DPMA)), i.e. before the publication date (Bekanntmachung):
In contrast, patents are made available to the public 18 months after the filing date, unless the applicant requests early publication.
The German Gebrauchsmuster is regulated by German Gebrauchsmuster Act (in German: Gebrauchsmustergesetz) and German Gebrauchsmuster Ordinance (in German: Verordnung zur Ausführung des Gebrauchsmustergesetzes).
n utility model is similar to the German utility model. The main differences are:
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
and Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
n patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
s, the Gebrauchsmuster (GebrM), also known as German utility model or Austrian utility model, is a patent-like, intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
right protecting invention
Invention
An invention is a novel composition, device, or process. An invention may be derived from a pre-existing model or idea, or it could be independently conceived, in which case it may be a radical breakthrough. In addition, there is cultural invention, which is an innovative set of useful social...
s.
The Gebrauchsmuster is slightly different from the patent. It mainly differs from the patent in that processes and methods cannot be protected by a Gebrauchsmuster, only products can. Furthermore, the term
Term of patent
The term of a patent is the maximum period during which it can be maintained into force. It is usually expressed in number of years either starting from the filing date of the patent application or from the date of grant of the patent. In most patent laws, renewal annuities or maintenance fees have...
of a Gebrauchsmuster, that is its maximal lifetime, is 10 years from the date of registration. In contrast, a patent has usually a term of 20 years from the date of filing of the application.
Germany
The German utility modelUtility model
A utility model is an intellectual property right to protect inventions. This right is available in a number of national statutes, as described below...
has some interesting characteristics, when compared to the German patent or to the European patent
European Patent Convention
The Convention on the Grant of European Patents of 5 October 1973, commonly known as the European Patent Convention , is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted...
designating Germany:
- Prior artPrior artPrior art , in most systems of patent law, constitutes all information that has been made available to the public in any form before a given date that might be relevant to a patent's claims of originality...
considered for examining noveltyNovelty (patent)Novelty is a patentability requirement. An invention is not patentable if the claimed subject matter was disclosed before the date of filing, or before the date of priority if a priority is claimed, of the patent application....
and inventive stepInventive step and non-obviousnessThe inventive step and non-obviousness reflect a same general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive — i.e., non-obvious — in order to be patented....
is somewhat more limited:- Oral disclosures are not taken into account, only written disclosures are taken into account;
- Public prior use outside Germany is not taken into account;
- A six-month grace period before the priorityParis Convention for the Protection of Industrial PropertyThe Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, was one of the first intellectual property treaties. It established a Union for the protection of industrial property...
date is provided for written disclosures or prior public use made by applicants or their predecessors in title.
- They are not substantially examined. Only registration is sufficient to obtain a utility model.
German utility models are made available to the public directly when they are registered (Eintragungstag, the date of entry of the German utility model in the register of utility models of the German Patent and Trademark Office (DPMA)), i.e. before the publication date (Bekanntmachung):
In contrast, patents are made available to the public 18 months after the filing date, unless the applicant requests early publication.
The German Gebrauchsmuster is regulated by German Gebrauchsmuster Act (in German: Gebrauchsmustergesetz) and German Gebrauchsmuster Ordinance (in German: Verordnung zur Ausführung des Gebrauchsmustergesetzes).
Austria
The AustriaAustria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
n utility model is similar to the German utility model. The main differences are:
- A search reportSearch reportIn patent law, a search report is a report established by a patent office, which mentions documents which may be taken into consideration in deciding whether the invention to which a patent application relates is patentable...
is carried out within 6 to 8 months. No additional searching fee is required. - The range of protection is broader than the German utility model. There is additional protection for:
- Logic algorithmAlgorithmIn mathematics and computer science, an algorithm is an effective method expressed as a finite list of well-defined instructions for calculating a function. Algorithms are used for calculation, data processing, and automated reasoning...
for computer softwareComputer softwareComputer software, or just software, is a collection of computer programs and related data that provide the instructions for telling a computer what to do and how to do it.... - Processes
- Therapy methods for animals
- Logic algorithm
See also
- Deutsches Patent- und MarkenamtDeutsches Patent- und MarkenamtThe Deutsches Patent- und Markenamt or German Patent and Trade Mark Office is the German national patent office, with headquarters in Munich, and offices in Berlin and Jena...
(German Patent and Trade Mark Office) - GeschmacksmusterGeschmacksmusterUnder German law, the Geschmacksmuster is a form of intellectual property that extends industrial design rights over the visual design of objects that is not purely utilitarian...
(German industrial design right) - Österreichisches Patentamt (Austrian Patent and Trade Mark Office)
- AuslegeschriftAuslegeschriftAuslegeschrift was, in German patent law, the second reading, or publication, of a patent application. It has been examined and published. German patents are often numbered or cited by the Auslegeschrift. This staged system was, from 1981 onwards, dropped...
External links
- Utility model, basic principles, in the English section of the Austrian Patent Office web site
- German Gebrauchsmuster Act
- German Gebrauchsmuster Ordinance