Object of utility model protection
Technical inventions are protected as utility models if they are novel, are based on an inventive step and are commercially applicable. Utility model protection is primarily available for inventions requiring a registered right of protection in the short term.
An invention eligible for utility model protection also includes in particular programming logic based on programs for data processing facilities.
Not eligible for utility model protection are in particular:
- discoveries and scientific theories and mathematical methods;
- aesthetic creations;
- plans, rules and procedures for performing mental activities, for playing games or for engaging in commercial activities as well as programs for data processing facilities;
- the reproduction of information;
- inventions, the publication and exploitation of which would violate public order or common decency;
- surgical, therapeutic or diagnostic methods for use on humans;
- plant varieties and animal species, including microorganisms, and essentially biological methods for their breeding.
An invention is deemed to be novel if it differs from the state of the art. This includes everything that has been in the public domain prior to the priority date of the application by means of written or oral description, usage or in any other manner. The disclosure of an invention is not taken into consideration if it is later than six months prior to the application date and does not directly or indirectly originate from the applicant or their legal predecessor.