Germany

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DE is an abbreviation in this wiki referring to Deutschland (Germany).

Patents

Patents are registered in Germany at the German Patent and Trade Mark Office, called in German the Deutsches Patent- und Markenamt; abbreviated as DPMA.

Below patents, there was and is another tier of intellectual property protection called Gebrauchsmusterschutz; Gebrauchsmuster are lighter-weight alternatives to patents that give shorter-term protection and aren't evaluated as stringently by patent examiners. (An English patent expert called them "Protection of Useful Designs".)[1]

Foreigners submitting patents in Germany were required to use a patent agent.[1] (However, in most cases we don't know who the agent was; names of agents do not appear on the scanned patent originals we've been able to see.)

To receive a patent, an invention had to be new, defined as never before used in the German empire or explicitly described by publication. The submitter of a patent did not have to prove that he had invented the concept (though a patent would be disqualified if the idea was demonstrably stolen from the true inventor.)[1]

Patentees had the sole right to make, use, and sell their inventions. Infringement could be punishable by a fine worth ~£250 or imprisonment for up to one year.[1]

Thompson writes: "German patents are published often immediately after application".[1] Therefore it would seem that we cannot exactly equate the date 'Ausgegeben' with the 'date published' except insofar as the latter applies a final approval of the patent. (Though we also know a patent can be ausgegeben then gelöscht.)

At least one issue of IAM published a list of several aero patents "Zur öffentlichen Auslegung"—i.e. open to public inspection—over a short period of time.[2] The patents in this list have four-and-five digit numbers preceded by a letter, but not, it would seem, the serial numbers eventually given to published patents. For each patent there is a date submitted (angemeldet) and a date ausgelegt, often with a delay of several months. The presentation of this list makes it seem as though auslegen would be an intermediate phase before ausgegeben. However it is curious that IAM did not publish the same type of list regularly along with patents .This question deserves further investigation.

  • Additional note: In at least one place,[3] ausgelegte patents are separated from erteilte patents, the latter term actually and properly meaning granted/issued.[4] The list in question does not include dates granted or a range for dates granted, though it does include filing dates. The designation further confirms that there is some imperfection in the how German data fit into the present template, as the date ausgelegt cannot be considered the date granted or published, as these concepts work in the French system. If either it is closest to being a date "published" which precedes the date "granted".

German states

Progress is being made regarding the legal and other roles played by Germany's precursor states, as pertinent to patents and otherwise, throughout the periods of early aeronautics, during which Germany, along with a few other nations, was undergoing extensive change, change particularly along the lines of unification. (See: Prussia, Bavaria ...)


References

  1. 1.0 1.1 1.2 1.3 1.4 Thompson, Handbook of Patent Law in All Countries 1905, pp. 125–132.
  2. IAM Year 4 (1900), p. 59.
  3. IAM year 9 (1906), p. 200.
  4. wikt:erteilen

This wiki has 948 German patents and 1,579 patents filed by Germans.

Patents filed in Germany

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Patents filed by Germans

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