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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 taken into ac ...
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Deutsches Patent- Und Markenamt
The German Patent and Trade Mark Office (german: Deutsches Patent- und Markenamt; abbreviation: DPMA) is the German national patent office, with headquarters in Munich, and offices in Berlin and Jena. In 2006 it employed 2556 people, of which about 700 were patent examiners. Function and status The DPMA is the central authority in the field of intellectual property protection in Germany. Its responsibilities include the granting of patents for the registration of industrial designs, trademarks and designs, as well as for informing the public about existing industrial property rights. Recognised partner of the DPMA is the '' Patentinformationszentrum'' (Patent Information Centre), united in the ''Deutscher Patentinformationszentren e.V'' (German Patent Information Centres Association). The legal basis of the German Patent and Trademark Office is § 26 of the ''Patentgesetz'' (German Patents Act). History The first unified ''Patentgesetz'' (German Patent Act) was adopted on 2 ...
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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 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 law and the patent holder mus ...
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Utility Model
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 ava ...
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Geschmacksmuster
Under German law, the registered design (German: ''eingetragenes Design''), formerly called ''Geschmacksmuster'' ("aesthetic model"), is a form of intellectual property that extends industrial design rights over the visual design of objects that is not purely utilitarian. The term of a ''Geschmacksmuster'' is twenty-five years (§ 27 (2) GeschmMG), as it is for a community design. See also * Design patent * '' Deutsches Patent- und Markenamt'' (German Patent and Trade Mark Office) * EU Directive on the legal protection of designs * ''Gebrauchsmuster'' (German utility model) *Trade dress Trade dress is the characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade dress is an aspect of trademark law, which is a form of intelle ... References External links Designsat the ''Deutsches Patent- und Markenamt'' (German Patent and Trade Mark Office) *Deutsches Geschmacksmusterges ...
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German Patent Law
German patent law is mainly governed by the ''Patents Act'' (german: Patentgesetz) and the European Patent Convention. A patent covering Germany can be obtained through four different routes: through the direct filing of a national patent application with the German Patent and Trade Mark Office (german: Deutsches Patent- und Markenamt) (direct national route), through the filing of a European patent application (European route), or through the filing of an international application under the Patent Cooperation Treaty followed by the entry into either the European phase or the national (German) phase of said international application (Euro-PCT route). The German patent has a term of 20 years. Litigation The German patent litigation system is one of the few patent systems in which the issue of patent infringement and of patent validity are dealt with by different courts. The district courts deal with infringement, whereas the Federal Patent Court (German: ''Bundespatentgericht'') i ...
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Austrian Patent Office
Austrian may refer to: * Austrians, someone from Austria or of Austrian descent ** Someone who is considered an Austrian citizen, see Austrian nationality law * Austrian German dialect * Something associated with the country Austria, for example: ** Austria-Hungary ** Austrian Airlines (AUA) ** Austrian cuisine ** Austrian Empire ** Austrian monarchy ** Austrian German (language/dialects) ** Austrian literature ** Austrian nationality law ** Austrian Service Abroad ** Music of Austria **Austrian School of Economics * Economists of the Austrian school of economic thought * The Austrian Attack variation of the Pirc Defence chess opening. See also * * * Austria (other) * Australian (other) * L'Autrichienne (other) is the feminine form of the French word , meaning "The Austrian". It may refer to: *A derogatory nickname for Queen Marie Antoinette of France *L'Autrichienne (film), ''L'Autrichienne'' (film), a 1990 French film on Marie Antoinette with ...
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Auslegeschrift
The ''Auslegeschrift'' was, in German patent law, the second reading, or publication, of a patent application. It has been examined and published. German patents are often numbered or cited by the ''Auslegeschrift''.German patent numbering system
. Accessed July 7, 2008.
This staged system was, from 1981 onwards, dropped. However, it continues to exist in many patent searches.See, ''e.g.''
Google search for Auslegeschrift
Accessed July 7, 2008.


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Computer Software
Software is a set of computer programs and associated documentation and data. This is in contrast to hardware, from which the system is built and which actually performs the work. At the lowest programming level, executable code consists of machine language instructions supported by an individual processor—typically a central processing unit (CPU) or a graphics processing unit (GPU). Machine language consists of groups of binary values signifying processor instructions that change the state of the computer from its preceding state. For example, an instruction may change the value stored in a particular storage location in the computer—an effect that is not directly observable to the user. An instruction may also invoke one of many input or output operations, for example displaying some text on a computer screen; causing state changes which should be visible to the user. The processor executes the instructions in the order they are provided, unless it is instructed ...
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Algorithm
In mathematics and computer science, an algorithm () is a finite sequence of rigorous instructions, typically used to solve a class of specific Computational problem, problems or to perform a computation. Algorithms are used as specifications for performing calculations and data processing. More advanced algorithms can perform automated deductions (referred to as automated reasoning) and use mathematical and logical tests to divert the code execution through various routes (referred to as automated decision-making). Using human characteristics as descriptors of machines in metaphorical ways was already practiced by Alan Turing with terms such as "memory", "search" and "stimulus". In contrast, a Heuristic (computer science), heuristic is an approach to problem solving that may not be fully specified or may not guarantee correct or optimal results, especially in problem domains where there is no well-defined correct or optimal result. As an effective method, an algorithm ca ...
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Search Report
In patent law, a search report is a report established by a patent office, which mentions documents which may be taken into consideration in deciding whether the invention to which a patent application relates is patentable.See for instance The documents mentioned in the search report usually form part of the prior art. Patent law Categories of documents Letters are often included in search reports established for patent applications to indicate the relevance of the documents identified by the examiner. For instance, the European Patent Office (EPO) uses the following letters in search reports or in the European Patent Register:Search reports: when is an X document not an X document?




IPC Class
The International Patent Classification (IPC) is a hierarchical patent classification system used in over 100 countries to classify the content of patents in a uniform manner. It was created under the Strasbourg Agreement (1971), one of a number of treaties administered by the World Intellectual Property Organization (WIPO). The classification is updated on a regular basis by a Committee of Experts, consisting of representatives of the Contracting States of that Agreement with observers from other organisations, such as the European Patent Office. Classification Patent publications from all of the Contracting States (and also most others) are each assigned at least one classification symbol indicating the subject to which the invention relates and may also be assigned further classification symbols and indexing codes to give further details of the contents. Each classification symbol is of the form A01B 1/00 (which represents "hand tools"). The first letter represents the "section ...
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