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Business Law German Patent Law

German Patent Law reflects a long history in Germany, one whose laws on patents and other forms of protection have been adopted by other countries like Japan. Up until the adoption of the German Utility Model Act (1986/1994), German Patent Law was distinct in one major way. In Germany, it was only possible to be granted a patent if you invented something that was truly new. Involved in this concept was the criterion that something worth a patent must exceed current state-of-the-art technology. For example, Amazon.comÆs ôone-click-shoppingö would not qualify. As the intellectual property law firm of Ladas & Parry (2003) assert, ôGerman Patent Law required that for patent protection an invention must not only be new, but represent a technical step forwardö (Germany, 1).

It is most often intellectual property, an intangible product of the mindÆs efforts, which is protected by patent, copyright, trademark and trade secret law. On one level intellectual property is akin to material or personal property. As such intellectual property can be sold, purchased, licensed, or transferred like personal property. Patent protection is one of the most common forms of intellectual property protection. According to Auerbach (1994), patent protection affords protection to more than the actual invention:

Patents provide a means for protecting the physical embodiments of certain classes of new and useful inventions. It is the broadest form of intellectual property protection, encompassing not only the precise machine or process invented, but also variant machines or processes that may employ the underlying concept of the invention (1).

The German Patent Office grants patents for those seeking protection in Germany. After paying a fee and being granted protection, the patent is placed into the patent register and listed in the Patent Office Journal. To be granted patent protection, inventions have to be accessible for commercial ...

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Business Law German Patent Law. (1969, December 31). In LotsofEssays.com. Retrieved 07:48, March 29, 2024, from https://www.lotsofessays.com/viewpaper/1710054.html