Lifespan of German Utility Model

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The German utility model is called as Gebrauchsmuster (GebrM) 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.

Utility model protection shall be for a term of three years, as from the day following the filing of the application. The term of protection may be initially renewed for a further three years on payment of a fee as prescribed by the schedule of fees, and then for a further two years each time to ten years at the most.

The German Gebrauchsmuster is regulated by German Gebrauchsmuster Act (in German: Gebrauchsmustergesetz) and German Gebrauchsmuster Ordinance (in German: Verordnung zur Ausführung des Gebrauchsmustergesetzes).

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.

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