IP Rights
In this section, we compare the main characteristics of the various IP rights. For more detailed information about any particular proceedings, simply follow the links provided.
Patents
Description
A patent is an officially issued commercial protective right. It grants a temporally limited exclusive right (monopoly) for preventing other users from the commercial use of a novel, inventive and industrially applicable technical product or method. An issued patent’s distinctive feature is its scope of protection: Only the patent owner is allowed to use the patented invention, as well as to decide upon its commercialization including granting other users a (temporally limited) license to use the patented invention. All conceivable alternative uses are reserved for the patent owner.
Territories
German Patents, European Patents, International Patent Applications (PCT), regional and national Patents in other countries.
Duration
A maximum of 20 years from the application date.
Proceedings
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Utility Models
Description
Every technical invention can be protected as a utility model as long as it (a) is novel (b) demonstrates an inventive step, and (c) is susceptible to industrial application. Unlike previous utility models law, today even immobile objects and chemical products can become subject of utility models, as well as foods, medicine and microorganisms – basically the same inventions for which a patent can be issued. Contrary to patent law, processes such as work, manufacturing and commercial processes as well as the use of an apparatus are not susceptible to protection as utility models.
Territories
German Utility Models, national Utility Models in other countries.
Duration
5 years from the date of application, renewable for a maximum of 10 years.
Proceedings
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Designs
Description
Design protection covers a product’s shape or design, in whole or in part. This design may be the product itself or its packaging, and may include, in particular, its lines, contours, colours, shape, surface structure or materials.Design protection grants the owner the exclusive right to use the design, as well as to prevent third parties from using it without the design owner's approval. The protection also extends to other designs which create the same total impression for an informed consumer, whereby a degree of freedom of design during the drafting is taken into consideration.
Territories
German Designs, European (Community) Designs, International Designs, national Designs (or Design Patents) in other countries.
Duration
Five years from the date of application, renewable for a maximum of 25 years.
Proceedings
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Trademarks/Trade Names
Description
A trademark serves to designate the goods or services originating from a particular business. Trademark protection grants the owner an exclusive right and offers the owner the possibility of challenging unauthorized usage of the mark. Usage of an identical or similar mark for identical or similar goods and services can thus be prohibited. This also applies if, given the similarity of the names and the similarity of the goods and services, there is a risk that the public will confuse or at least form an association between the two marks.
Domains are also considered to be trade names and are, thus, also subject to kind of trademark protection.
Territories
German Trademarks, European Trademarks (Community Trademarks), International Trademarks (IR Trademarks), national Trademarks in other countries.
Duration
10 years from the date of application; unlimited 10-year renewals.
Proceedings
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Plant Variety Rights
Description
The intellectual ownership of new plant varieties is protected by an exclusive right similar to a patent. Such plant variety rights protect plant breeders and therefore support progress in agriculture and horticulture. Every breeder or inventor of a new variety can apply to the German Plant Variety Protection Office for protection based on the Plant Variety Protection Act for the entire plant kingdom. Plant variety authorization is required for the commercial marketing of seeds for agricultural or horticultural plant varieties.
Territories
German Plant Variety Rights, European Plant Variety Rights
Duration
25 to 30 years from the year after issue (depending on the variety).
Proceedings
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Foreign IP
Types of IP Rights
Patents, Utility Models, Designs, Trademarks
Proceedings
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