Overview of different types of IP (intellectual property) and other property rights
Patent protection is granted for technical inventions, whereby a distinction is made between products and processes. A patent gives its owner the exclusive right to dispose of his invention for up to twenty years.
With a product patent, protection is possible for all objects, such as machines and their parts, arrangements of individual parts, electronic circuits, chemical substances or pharmaceuticals. Without the consent of the patent holder, third parties are prohibited from manufacturing, offering, placing on the market or importing or possessing the patented product in the country in which it was registered.
There are also process patents. These protect, for example, processes for manufacturing a product, working methods or the use of a product for a specific purpose. No third party may use the protected process in the country of application.
However, products and processes protected by a patent may be used for private use or for research.
Any publication on the subject of an invention made before the date of the patent application is prejudicial to novelty and jeopardises the success of this application. This applies to publications as well as public lectures, papers, posters or abstracts for conferences and any kind of online publications. Therefore: First register, then talk about it!
Source:German Patent and Trade Mark Office (DPMA) - Brochure on patent protection
A registered utility model is also granted for technical inventions, but not for processes. It provides protection in the same way as a patent and offers a very fast way of obtaining protection, as the DPMA does not examine whether the subject matter of the application is actually new and inventive. It can therefore grant protection for up to ten years after just two to three months. However, it is the inventor's responsibility to check the novelty of his or her own invention thoroughly in order to protect the utility model from being contested by third parties.
In contrast to a patent, a utility model can also be granted six months after the invention has been publicly used or published (grace period).
Trade marks protect the distinctive sign of a product or service.
Signs that are capable of distinguishing the goods and/or services of one company from those of other companies are eligible for protection. For example, word and figurative signs, sound signs, three-dimensional designs, colours or other signs can be entered in the register as a trademark. The term of protection of a trade mark is ten years and can be extended as often as required.
Trade mark protection arises through the registration of a trade mark application in the register of the DPMA. In addition, trade mark protection can also arise as a result of trade reputation due to intensive use of a sign in business transactions or through general recognition.
Registered designs protect the appearance of industrially or manually manufactured products, for example clothing, furniture, vehicles, fabrics, ornamental objects or graphic symbols. Parts of products can also be protected as a registered design, for example the sole of a sports shoe or the cap of a writing instrument.
A registered design grants a temporary monopoly on the appearance, i.e. the external shape and colour of a product. The representations of the design submitted with an application determine the subject matter and scope of the property right and are therefore of central importance. Only that which is evident from the representations is protected.
Registered designs can be applied for by companies or private individuals. The maximum term of protection of a registered design is 25 years from the filing date.
A trade secret is confidential business information that is only known to a certain group of people within a company and must not be disclosed to the outside world. For example, recipes, a specific production method or the company's own way of treating materials. Companies can oblige their employees to maintain business or trade secrets in their employment contracts.
Such trade secrets cannot be officially registered and therefore cannot be filed with the DPMA. However, developments and processes that may have previously been kept as trade secrets may also be eligible for a registered IP right.
Copyright protects personal and intellectual creations. It arises without formal registration and is free of charge. A work is deemed to be protected by copyright as soon as it is created, provided that it is creative and individual. In the event of a dispute, it is crucial that the author can prove the date of creation and the originality or novelty of their creation. The author has the exclusive right to use his work and to grant or deny others authorisation to do so. For example, they can prohibit or authorise the sale, reproduction or translation of the work. Copyright ends 70 years after the death of the author.
Caution is advised with international business, as copyright law differs from country to country.
It should also be noted that the concept of a work in copyright law is not clearly and objectively defined and the courts therefore examine and assess each creation individually.
Protected works of literature, science and art include in particular
- linguistic works, speeches, computer programmes
- musical works
- pantomime works including works of dance art
- works of visual arts including works of architecture and applied arts and designs of such works
- photographic works (...)
- cinematographic works (...)
- Representations of a scientific or technical nature such as drawings, plans, maps, sketches, tables and plastic representations.
Source: German Patent and Trade Mark Office (DPMA) and §2 UrhG
