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 maximal 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.

The German utility model has some interesting characteristics, when compared to the German patent or to the European patent designating Germany:

German utility models are made available to the public directly when they are registered (Eintragungstag, the date of entry of the German utility model in the register of utility models of the German Patent and Trademark Office (DPMA)), 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.

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

The Austrian utility model is similar to the German utility model. The main differences are:

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