Gebrauchsmuster
Gebrauchsmuster , Use-demonstration(s), are, apparently, an entire tier of the German/Austrian intellectual property system for quicker and shorter-term action. They are are "ungeprüften" – i.e. not evaluated by examiners – and lasted for three years.
Created by law in 1891,[1] Gebrachsmuster were numbered sequentially and to all appearances, in the early twentieth century, there were more of these registered than there were patents!
They appear to use the same classifications as patents, i.e. DE 77, AT 77d.
They could be cited internationally as prior filings, as in the case of Patent IT-1915-147222.
Filing and granting procedure
Gebrauchsmuster (utility models) not considered new if they have already been described in a publication or publicly used in Germany.[2]
Applications were submitted in writing to the patent office, with title, purpose of the model, copy or drawing of the model in duplicate. (These were the requirements in the original law, which stipulated that the office could issue further regulations.) Applicant's name and residence were also necessary and became part of the registrations, which were published intermittently in the Reichsanzeiger.[2]
The cost was 15 Marks per application.[2]
Once granted, the model would be protected for three years beginning the day after the application. A person could be fined for knowingly using a protected model, with the penalty payable to the holder.[1]
Foreigners could apply, but use the protection only in their home countries (?). As in the case of regular patents, to apply they needed a German representative whose name and residence would be recorded in the register.[1]
"It is very often advisable to file together with the Full German Patent Application, a special Application for an "Eventual- Gebrauchsmuster" (Eventual Utility Model Patent) in consideration that it is possible only after the Official Examination of the Patent- Application to state exactly whether an invention is suitable subject- matter for a Full Patent or for a Gebrauchsmuster. In these cases the application fee of Marks 15 is only payable, if the Gebrauchsmuster will be registered, but the priority of the date of filing will be granted by the Imperial Patent Office, so that the invention is protected in every case. If the Full Patent is granted, it is possible to abandon the eventual Gebrauchsmuster, and in this way the above named application fee is saved."[3]
More information and leads
Gebrauchsmuster are searchable on DPMA-register but only recent results seemed to come up, in initial searches. However, new Gebrauchsmuster are listed and described in Illustrierte Aëronautische Mitteilungen (see Nov. 1906, p. 415) and other publications ([1], [2], [3])
Also look for "Deutsches Gebrauchsmuster" (D. G. M.) – see [4] — or D. R. G.
The law defining the parameters for Gebrauchsmuster was passed on 1 June 1891 and can be seen here.
Other descriptions of Gebrauchsmuster: [5]
There is a publication, Mittheilungen aus dem Kaiserlichen Patentamt, Anmeldestelle für Gebrauchsmuster dedicated to Gebrauchsmuster. It's a bit scarce (WorldCat) but New York Public Library apparently has copies (for at least 1891–1894; offsite, request in advance; link).
A term related to patens and Gebrauchsmusters is "Geschmacksmuster" which apparently means "design."
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Sources of Gebrauchsmuster information still to be collected
Examples
Links
- DPMA – Gebrachsmusterschutz
- w:de:Gebrauchsmuster – "Das Gebrauchsmuster ist der „kleine Bruder“ des Patents" ; w:Gebrauchsmuster
- Pages with Gebrauchsmuster listings: IAM 1900 p. 59
References
- ↑ 1.0 1.1 1.2 Reitzenbaum, 1904, German Patent Law, pp. 21–23.
- ↑ 2.0 2.1 2.2 Reitzenbaum, 1904, German Patent Law, p. 19–20.
- ↑ Reitzenbaum, 1904, German Patent Law, pp. 24–.
