Industrial Property Rights

Patent

Field of application:

echnical objects and methods, such as machines, devices, apparatus and their parts; chemical products, e.g. plastics granules, synthetic fertilizer or medical drugs; methods for manufacturing products, work and application methods; microbiological methods and their application; software (no pure algorithms).

Exclusions:

Non-patentable are e.g. aesthetic creations (designs) and rules for games.

Prerequisites:

A patent has to fulfill three prerequisites: It has to be "novel", be based on an "inventive activity" and be commercially "utilizable".

Application and examination:

A technical description of the invention (usually with drawings) is to be filed as well as the patent claims in which it is indicated what is to be protected.

The competent formulation of the patent application and in particular of the patent claims is of major significance, since after filing the request no further technical indications are admitted to be submitted.

Duration:

The patent has a protective term of a maximum of twenty years from date of application. For the purpose of maintenance an annuity is to be paid as from the third year.

European Patent

A European patent application can include some or all contract member states of the European Patent Convention. Presently these are:

Belgium, Denmark, Germany, Finland, France, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Monaco, The Netherlands, Austria, Portugal, Sweden, Switzerland, Spain, Turkey, Great Britain and Cyprus.

The protectiveness of European patent applications and patents can also be extended to comprise the following states:

Albania, Latvia, Lithuania, former Republic of Yugoslavia Macedonia, Rumania and Slovenia.

The European patent which is centrally granted by the European Patent Office is a bunch of individual European patents each with a national scope. The great advantage of this procedure consists in that it is not necessary to negotiate with five, seven or even thirteen patent offices, but only with one, namely the European Patent Office.

"World Patent" (PCT)

The Patent Cooperation Treaty (PCT) allows for comprising a multitude of (also extra-European) states in a single request for the grant of a patent. In this a central novelty search is conducted by an international office designated for this purpose. As soon as the applicant has received the "International Search Report" informing him on the prospects of a grant and optionally after an international examination procedure, he has to initiate the respective national or regional phases in those states or regions of interest to him.

Utility Model

Field of application:

Capable of being protected are technical inventions, e.g. machines, devices, apparatus and circuits.

Exclusions:

Aesthetic creations (designs), rules for games and "methods" including mere application inventions.

Prerequisites:

The object of a utility model application has to be novel and be based on an "inventive step", i.e. it must not be simply derivable from the known prior art for the average expert.

Duration:

The utility model can be renewed after three years by further three years and after that twice again by another two years. This results in a total duration period of a maximum of ten years as from application date.

Trademark

Field of application:

Designation of goods and services of an enterprise. Some known examples: The word mark "Persil", the Mercedes star or the crane of Lufthansa as figurative mark, the Bayer cross as combined word picture mark.

Exclusions:

Purely descriptive indications such as e.g. "fireproof" or "compact flash" and general evaluating terms such as "super" or "top".

Foreign protection:

An international trademark protection is possible by way of an international trademark, a European Community trademark or a foreign national application.

Duration:

The registration of trademarks for goods and trademarks for services usually is valid for ten years and can be extended by further ten years each time as often as desired.

Design Patent

Field of application:

The design patent is an intellectual property right that has been created particularly for the "aesthetic" design of a product. As a rule the design of all products can be protected.

Exclusions:

None. The design of the products, however, has to appeal to the senses of shape and/or color.

Prerequisites:

The design must be novel and characteristic; it has to exceed the average achievement of a designer. Solid craftsmanship alone is insufficient.

Foreign protection:

An international design protection is possible by way of an international design patent, a European Community design patent or a foreign national application.

Duration:

A maximum of 25 years.

Plant Variety Protection

Field of Application:

Protection of new plant varieties of useful and ornamental plants.

Exclusions:

All species of plants that are not listed in the Species Register of the Plant Variety Protection Law.

Prerequisites:

The plant variety has to be novel, sufficiently homogenous, consistent and distinctive as well as exhibit a designation capable of being registered.

Duration:

The plant variety protection lasts 25 years, in exceptional cases 30 years.

Semiconductor Protection

Field of Application:

Microelectronic semiconductors (chips) with multi-layer structure.

Prerequisites:

Protected are "three-dimensional structures of microelectronic semiconductor products (topographies), if and insofar they are characteristic". This usually is the case, if these are performances that are not the everyday result of intellectual work.

Duration:

A maximum of ten years. The protective period starts - according to the respective conditions - either with the application or with the first commercial utilization.