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Property Rights

Compendium of German, European and international patent and trademark rights.

Patent

A German patent contains a new, not yet published invention for the solution of a technical "problem" and is applicable commercially. E.g. machines and equipment, food, luxury and pharmaceutical articles, chemical methods and products, agricultural methods, improvements on a technical field and microbiological methods and their application, can be patented. It is applied for at the German Patent Office in Munich . The maximum protection duration of a German patent is 20 years.

A European patent contains the same equipment, methods and products as a German patent. With the European patent one can attain protection in more than 30 European states at the moment. It is applied for at the European Patent Office. The maximum protection duration of a European patent also is 20 years.

An international patent also contains the same equipment, methods and products as in the case of the two previous patent ways. By the registration of an international patent one can attain protection in more than 120 states worldwide at the moment. The maximum protection duration of the international patent determines according to the respective national right.

Utility Model

A utility model contains a useful technical invention with less requirements on novelty and invention than a patent. A pre-publication within 6 months and an obvious pre-use abroad aren't an impediment for the registration of a utility model. Methods cannot be protected here. The maximum protection duration of a utility model is 10 years.

Registered Design

A national German registered design contains the manifestation of a product, marked according to the features lines, contours, colors, shape, surface structure, material or ornamentation. It is the esthetic form, or better, design that is protected, not the technique. Examples are cases, styles, samples. The maximum protection duration of a German registered design is 25 years.

A Community design is applied for and registered at the Office for Harmonization in the International Market in Alicante. At the moment, the registration is valid in the 27 states belonging to the European Union countries and is extended automatically to the countries which join the European Union after the application. The maximum protection duration of a European taste sample also is 25 years.

An international registered design can be applied for and registered with or without a national base design at the international registration office in Geneva . It is valid at the moment in about 56 countries. The maximum protection duration of the individual countries varies between 15 and 50 years.

Trademarks

A national German trademark offers protection of word, picture, 3-D representation, sound, smell, position etc. for goods and services. It can be defended against identical and similar younger trademarks. A trademark doesn't have to be new and also can be attained by publicity. A German trademark can be appied for and registered at the Deutsches Patent- und Markenamt (DMPA) in Munich. The maximum protection duration for a German trademark isn't restricted.

A Community trademark can be applied for and registered at the Office for Harmonization in the International Market in Alicante. At the moment, it is valid in the 27 states belonging to the European Union and is extended automatically to the countries which join the European Union after the application. The maximum protection duration of a Community trademark is not limited also.

An international trademark needs a national basic registration or appilication in Germany , the EU or another country. It is applied for and registered at the respective national office at the international registration office in Geneva . Some countries are subject to special rules concerning application and renewal fees. Protection can be attained also afterwards as subsequent designation in over 80 international states at the moment. The maximum protection duration isn't restricted also.