A Gebrauchsmuster, also known as a Utility Model or abbreviated as GM, is a form of patent that provides protection for new and useful inventions. It grants the inventor the legal right to prohibit others from making, using, or selling their invention without permission. While similar to a patent, the requirements for obtaining a Gebrauchsmuster are less stringent and it offers a shorter duration of protection.
GEBRAUCHSMUSTER, abbreviated as GM, is a German term that refers to a utility model patent. It is used to protect new and useful inventions that may not be as intricate as those safeguarded by regular patents. For instance, a Gebrauchsmuster could be granted for a novel kitchen gadget that simplifies cooking or a unique phone case that provides protection against damage. This type of patent is commonly utilised by small businesses or individuals who have developed innovative products but lack the means to apply for a regular patent.
A Gebrauchsmuster is a type of intellectual property right in Germany that protects technical inventions. It is similar to a utility model in other countries.
A Gebrauchsmuster has a maximum duration of 10 years from the date of filing. However, it can be invalidated earlier if certain conditions are met.
A Gebrauchsmuster can protect technical inventions that are new, involve an inventive step, and are capable of industrial application. This includes devices, apparatuses, tools, and processes.
To apply for a Gebrauchsmuster, you need to submit an application to the German Patent and Trademark Office (DPMA). The application should include a description of the invention, claims, and any necessary drawings or diagrams.
No, a Gebrauchsmuster is only valid in Germany. If you want protection in other countries, you will need to apply for a utility model or patent in those jurisdictions.
Yes, you can license or sell your Gebrauchsmuster to others. This allows them to use your invention while you retain the rights to it. However, you should consult with a legal professional to ensure you have a proper agreement in place.
If someone infringes on your Gebrauchsmuster, you have the right to take legal action against them. This may involve seeking damages, injunctions, or other remedies through the German courts.
No, once a Gebrauchsmuster has been filed, you cannot make any changes to it. Therefore, it is important to ensure that your application is accurate and complete before submitting it.
No, the duration of a Gebrauchsmuster cannot be extended beyond the maximum of 10 years. Once it expires, the protection provided by the Gebrauchsmuster ends.
No, it is not possible to convert a Gebrauchsmuster into a patent. If you want patent protection, you will need to file a separate patent application.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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