Like patents, utility models belonged to technical protective rights, i.e. a technical content must underlie the application for protection. The utility model law (GbrMG) also stipulates in this regard in § 1(1) that only inventions are protected as utility models.
However, since no conclusively generally valid definition exists for the term "invention", the GbrMG in its § 1(2) also explicitly excludes from utility model protection non-technical innovations, such as discoveries, scientific theories, mathematical models, aesthetic form creations, plans, rules and methods for intellectual activities, games, commercial activities, programs for data-processing systems, the reproduction of information and biotechnical inventions.
§ 1(1) GbrMG further stipulates that the invention must meet the legally required protection prerequisites, i.e. it must be novel, be based on inventive step and be susceptible of industrial application, for a viable utility model to be acquired.
If you wish to learn more about this, you can download the complete version of this article in our download area.
Our team will be happy to advise you on all matters relating to the subject utility models.