In
German and
Austria
Austria, formally the Republic of Austria, is a landlocked country in Central Europe, lying in the Eastern Alps. It is a federation of nine Federal states of Austria, states, of which the capital Vienna is the List of largest cities in Aust ...
n
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 discl ...
laws, the ''Gebrauchsmuster'' (GebrM), also known as German utility model or Austrian utility model, is a
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 discl ...
-like,
intellectual property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, co ...
right protecting
invention
An invention is a unique or novelty (patent), novel machine, device, Method_(patent), method, composition, idea, or process. An invention may be an improvement upon a machine, product, or process for increasing efficiency or lowering cost. It m ...
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 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 taken into account;
** A six-month grace period before the
priority 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
Deutsches Patent- und Markenamt (DPMA)), i.e. before the publication date (''Bekanntmachung''):
[T 0355/07 () of 28.11.2008](_blank)
EPO Board of Appeal Decision, Reasons 3.["(...) German utility models ("Gebrauchsmuster") are already publicly available as of their date of entry in the Register of utility models ("Eintragungstag"), which precedes the date of announcement in the Patent Bulletin ("Bekanntmachung im Patentblatt")." in ("State of the art", "General remarks and definition").]
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 AusfĂĽhrung des Gebrauchsmustergesetzes'').
Austria
The
Austria
Austria, formally the Republic of Austria, is a landlocked country in Central Europe, lying in the Eastern Alps. It is a federation of nine Federal states of Austria, states, of which the capital Vienna is the List of largest cities in Aust ...
n utility model is similar to the German utility model. The main differences are:
* A
search report 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
algorithm
In mathematics and computer science, an algorithm () is a finite sequence of Rigour#Mathematics, mathematically rigorous instructions, typically used to solve a class of specific Computational problem, problems or to perform a computation. Algo ...
for
computer software
Software consists of computer programs that instruct the Execution (computing), execution of a computer. Software also includes design documents and specifications.
The history of software is closely tied to the development of digital comput ...
** Processes
** Therapy methods for animals
See also
* ''
Deutsches Patent- und Markenamt'' (German Patent and Trade Mark Office)
* ''
Geschmacksmuster'' (German industrial design right)
* ''
Ă–sterreichisches Patentamt'' (Austrian Patent and Trade Mark Office)
* ''
Auslegeschrift''
References
{{reflist
External links
Utility model, basic principles in the English section of the
Austrian Patent Office web site
German Gebrauchsmuster Act
German patent law
Austrian patent law
de:Gebrauchsmuster