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Legislative Implementation of Flexibilities - Germany

Title:Sections 1-3 of the Utiliy models Act of 28/08/1986 as last amended in 1994 (Consolidate version of 31/07/2009 not available in English)
Field of IP:Patents
Type of flexibility:Utility models
Summary table:PDF

Provisions of Law

1.-(1) Utility model protection shall be afforded to inventions that are new, involve an inventive step and are susceptible of industrial application.

(2) The following, in particular, shall not be regarded as the subject matter of a utility model within the meaning of subsection (1):

1. discoveries, scientific theories and mathematical methods;

2. aesthetic creations;

3. schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers;

4. presentations of information.

(3) Subsection (2) shall oppose utility model protection only to the extent to which protection is sought for the above-mentioned subject matter or activities as such.

2. Utility model protection shall not be granted in respect of:

1. inventions the publication or exploitation of which would be contrary to public policy or morality, provided that the exploitation shall not be deemed to be so contrary merely because it is prohibited by law or regulation. The first sentence above shall not exclude protection of an invention falling under Section 9;

2. plant or animal varieties;

3. processes.

3.-(1) The subject matter of a utility model shall be considered to be new if it does not form part of the state of the art. The state of the art comprises any knowledge made available to the public by means of a written description or by use within the territory to which this Law applies before the date relevant for the priority of the application. Description or use within the six months preceding the date relevant for the priority of the application shall not be taken into consideration if it is based on the conception of the applicant or his predecessor in title.

(2) The subject matter of a utility model shall be considered susceptible of industrial application if it can be made or used in any kind of industry, including agriculture.

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