Utility Model Act
| Basic data | |
|---|---|
| Title: | Utility Model Act |
| Previous title: | Law on the protection of utility models |
| Abbreviation: | GebrMG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Intellectual Property |
| References : | 421-1 |
| Original version from: | June 1, 1891 ( RGBl. P. 290) |
| Entry into force on: | October 1, 1891 |
| New announcement from: | August 28, 1986 ( BGBl. I p. 1455 ) |
| Last change by: |
Art. 10 G of July 17, 2017 ( Federal Law Gazette I p. 2541, 2543 ) |
| Effective date of the last change: |
May 25, 2018 (Art. 31 G of July 17, 2017) |
| GESTA : | G042 |
| Please note the note on the applicable legal version. | |
The utility model law used in industrial property as security for the commercial intellectual property next to the Patent Law , the Trademark Act and the Design Act .
The utility model is a property right that is applied when the granting of a patent is not possible or makes no sense. This is the case when the requirements for a patent are not met by the invention (only the "novelty" is important). It may also be used when patent protection cannot be achieved in good time because the invention is expected to lead to further progress in technology or patent protection is sought but cannot be achieved quickly enough.
Furthermore, in the Utility Model Act there is the possibility of obtaining a legally valid property right if the subject of the invention is published by the applicant himself up to six months before the application ( grace period ). This is not possible with a patent, a prior publication by the inventor himself leads to a lack of novelty and excludes the granting of a patent.
literature
- Peter Mes: PatG. GebrMG. Commentary , 3rd edition Munich 2011, Verlag CH Beck, ISBN 978-3-406-62073-7
