Gebrauchsmuster

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In Germany and Austrian patent laws, the Gebrauchsmuster (GBM, GbM or Gbm), 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 patent 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 Convention designating Germany:

Prior art considered for examining novelty (patent) and inventive step and non-obviousness 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 Paris Convention 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 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.

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