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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 maximal life time, 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 however made available to the public directly when they are registered (Eintragungstag), 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 Austrian 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 for computer software
  • Processes
  • Therapy methods for animals

See also

• Deutsches Patent- und Markenamt (German Patent and Trade Mark Office)
• Geschmacksmuster (German industrial design right)
• Österreichisches Patentamt (Austrian Patent and Trade Mark Office)
• Auslegeschrift

External links

• Utility model, basic principles, in the English section of the Austrian Patent Office web site
• German Gebrauchsmuster Act
• German Gebrauchsmuster Ordinance

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• This page was last modified on 8 July 2008, at 19:13.

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