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Utility Models
A utility model is a patent-like intellectual property right to protect inventions. This type of right is available in many countries but, notably, not in the United States, United Kingdom or Canada. Although a utility model is similar to a patent, it is generally cheaper to obtain and maintain, has a shorter term (generally 6 to 15 years), shorter grant lag, and less stringent patentability requirements. In some countries, it is only available for inventions in certain fields of technology and/or only for products. Utility models can be described as second-class patents. While no international convention requires countries to protect utility models (unlike copyright, trade marks or patents) and they are not subject to the TRIPS agreement, they are subject to the Paris Convention for the Protection of Industrial Property, which means that countries that do protect utility models are required to comply with rules such as national treatment and priority. Utility models are also ...
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Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private la ...
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Gebrauchsmuster
In German and Austrian patent laws, the ''Gebrauchsmuster'' (GebrM), also known as German utility model or Austrian utility model, is a patent-like, intellectual property right protecting inventions. 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 maximum 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 model has some interesting characteristics, when compared to the German patent or to the European patent designating Germany: * Prior art considered for examining novelty and inventive step 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 take ...
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Prior Art
Prior art (also known as state of the art or background art) is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria for patentability. In most systems of patent law, prior art is generally defined as anything that is made available, or disclosed, to the public that might be relevant to a patent's claim before the effective filing date of a patent application for an invention. However, notable differences exist in how prior art is specifically defined under different national, regional, and international patent systems. The prior art is evaluated by patent offices as part of the patent granting process in what is called "substantive examination" of a patent application in order to determine whether an invention claimed in the patent application meets the novelty and inventive step or non-obviousness criteria for patentability. It may also be considered ...
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Public Use
Public use is a legal requirement under the Fifth Amendment to the United States Constitution#Eminent domain, Takings Clause ("nor shall private property be taken for public use without just compensation") of the Fifth Amendment to the United States Constitution, Fifth Amendment of the United States Constitution, U.S. Constitution, that owners of property seized by eminent domain for "public use" be paid "just compensation." The distinction between ''public use'' and ''public purpose'' has created a doctrinally confusing and highly controversial subset of public use doctrine. This controversy was renewed after the Supreme Court of the United States, Supreme Court's decision in ''Kelo v. City of New London'' (2005). In that decision, the Court upheld the precedent regarding economic development takings set forth in ''Hawaii Housing Authority v. Midkiff'' and ''Berman v. Parker'', and permitted, in a 5–4 decision, the taking of private property that was to be transferred to a priva ...
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Patents
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private la ...
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Printed Material
Printed matter is a term, mostly used by mailing systems, normally used to describe mechanically printed materials for which reduced fees are paid which are lower than first-class mail. Each postal administration has its own rules for what may be posted as printed matter. In the United Kingdom of Great Britain and Ireland, Great Britain a special "Book Post" was introduced in 1848 that by 1852 had been extended to the wider range of material. Conception Printed matter was produced by printers or publishers, such as books, magazines, booklets, brochures and other publicity materials and in some cases, newspapers. Because much of this material is mailed, it is also a category of mail, accepted for delivery by a postal administration, that is not considered to be first-class mail and therefore qualifies for a special reduced printed matter postal rate. Depending on the specific postal regulations of the country, it is usually non-personal correspondence and printed in multiple quanti ...
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Industrial Applicability
In certain jurisdictions' patent law, industrial applicability or industrial application is a patentability requirement according to which a patent can only be granted for an invention which is susceptible of industrial application, i.e. for an invention which can be made or used in some kind of industry. In this context, the concept of "industry" is far-reaching: it includes agriculture, for instance. An example of invention which would ''not'' be susceptible of industrial application is "a method of contraception ..to be applied in the private and personal sphere of a human being". In United States patent law, the utility requirement is a more or less corresponding, but different, requirement. Jurisdictions European Patent Convention Under the European Patent Convention (EPC), the requirement that an invention must be susceptible of industrial application to be patentable means that the invention "can be made or used in any kind of industry, including agriculture". In deci ...
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Novelty
Novelty (derived from Latin word ''novus'' for "new") is the quality of being new, or following from that, of being striking, original or unusual. Novelty may be the shared experience of a new cultural phenomenon or the subjective perception of an individual. From the meaning of being unusual usage is derived the concept of the novelty dance (a type of dance that is popular for being unusual or humorous); the novelty song (a musical item that capitalizes on something new, unusual, or a current fad); the novelty show (a competition or display in which exhibits or specimens are in way some novel); and novelty architecture (a building or other structure that is interesting because it has an amusing design). It is also this sense that applies to a novelty item, a small manufactured adornment, toy or collectible. These, in turn are often used as promotional merchandise in marketing. The chess term, novelty, is used for a move in chess which has never been played before in a recorde ...
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Japan
Japan is an island country in East Asia. Located in the Pacific Ocean off the northeast coast of the Asia, Asian mainland, it is bordered on the west by the Sea of Japan and extends from the Sea of Okhotsk in the north to the East China Sea in the south. The Japanese archipelago consists of four major islands—Hokkaido, Honshu, Shikoku, and Kyushu—and List of islands of Japan, thousands of smaller islands, covering . Japan has a population of over 123 million as of 2025, making it the List of countries and dependencies by population, eleventh-most populous country. The capital of Japan and List of cities in Japan, its largest city is Tokyo; the Greater Tokyo Area is the List of largest cities, largest metropolitan area in the world, with more than 37 million inhabitants as of 2024. Japan is divided into 47 Prefectures of Japan, administrative prefectures and List of regions of Japan, eight traditional regions. About three-quarters of Geography of Japan, the countr ...
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Italian Patent And Trademark Office
The Italian Patent and Trademark Office (in Italian, Ufficio Italiano Brevetti e Marchi, or UIBM) is an office of the Italian Ministry of Economic Development. Its mission is to control the issue of patents and the registration of trademarks in Italy. The UIBM is based in Rome Rome (Italian language, Italian and , ) is the capital city and most populated (municipality) of Italy. It is also the administrative centre of the Lazio Regions of Italy, region and of the Metropolitan City of Rome. A special named with 2, .... UIBM Logo External links * Patent offices {{Italy-gov-stub ...
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Europa (Web Portal)
Europa is the official web portal of the European Union (EU), providing information on how the EU works, related news, events, publications and links to websites of institutions, agencies and other bodies. ''.europa.eu'' is also used as a common second level domain for the websites of the EU's bodies, for instance ''iss.europa.eu'' is the address of the Institute for Security Studies. Europa was first published in February 1995 at the G7 ministerial meeting on information society in Brussels. Originally designed for that specific event, the portal expanded rapidly and the European Commission decided to develop it into a general information resource, specialising in the work and domain of the EU's bodies. Laws and documents of major public interest are published in all 24 official EU languages. Documents that are not legally binding are usually published in the EU's institutional ''working languages''; English, French and German. Services Europa also offers other services ...
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