use. Foreigners also apply for patent protection in the same manner. Patent protection is granted for a period of 20 years from the date of registration (Legal, 2003, 1). Those who hold patents can apply for an injunction against anyone unlawfully using a patented invention. Known as the ôright of preventionö, the injunction ôprovides temporary protection and is effective as soon as the patent registration is announced by the Patent Officeö (Legal, 2003, 1).
German intellectual property laws were largely formulated in the 19th century. In 1874 Germany implemented a trademark protection law, in 1876 Legislation Relating to Designs, or Patterns, or Utility Models was adopted, and in 1877 Germany passed a comprehensive Patent Law stemming from the principle of mandatory examination. The German Patent Act in force today is the product of many amendments, including major changes in 1980 and 1994. Article 1 of the German Patent Act (1994) states: ôPatents shall be granted for inventions that are new, involve an inventive step and are susceptible of industrial applicationö (Patent Act, 1994, 1).
The narrow restrictions within German Patent Law meant that inventions not representing state-of-the-art advances were left outside the umbrella of legal protection. Typically such inventions are innovations to already existing products and processes. This loophole in intellectual property protection law was rectified by Germany with the passage of the German Utility Model Act (1986). This law affords protection for minor inventions or simple devices but does not protect methods or composition like the broader Patent Law. In other words, under the German Utility Model Act, inventions did not have to demonstrate a technical advance to merit patent protection. As Article 1 of the amended 1994 German Utility Model Act states: ôUtility model protection shall be afforded to inventions that are new, involve an inventive step and ar...