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Gebrauchsmuster

English translation: utility model


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02:56 Mar 2, 2010
German to English translations [PRO]
Law/Patents - Patents / Biology
German term or phrase: Gebrauchsmuster
At this late date, I am not sure whether I have a utility patent or a utility model. The text is about a dispute regarding the following:

"The patent application was disclosed on December 1998. The disclosure of the German translation followed on May 4, 2000.

2. The subject matter of the European patent touched on the same invention as the disputed utility patent. Claim 1 of the patent protects a procedure for the treatment of silage.


1. Extensive addition of a microorganism to the silage

2. that has the characteristic property of Lactobacillus buchneri, NCIMB 40 788

a) in addition to the normally produced fatty acids during fermentation

b) to produce a secondary metabolite and this metabolite has the ability to inhibit the growth of spoilage organisms selected from yeasts, moulds and spore- forming bacteria.

3. The silage is maintained closed for a period of at least 30 days, whereby this metabolite is produced." (UNREVISED)

So the disputet was based on European patent EP 0 880 323. Does that necessarily make this a utliity patent, and not a utility model?. I have looked up a number of articles on Google discussing the difference between a utility patent and a utility patent, but they largely discuss the time that a utility mode is protected - 10 years vs. 20 for patents. Can someone help?
KathyG
Canada
Local time: 22:22
English translation:utility model
Explanation:
http://en.wikipedia.org/wiki/Gebrauchsmuster
Selected response from:

Emma Grubb
Local time: 03:22
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +2utility model
Emma Grubb
5GebrauchsmusterTechLawDC


  

Answers


1 hr   confidence: Answerer confidence 5/5
Gebrauchsmuster


Explanation:
(Everyone who has anything to do with patents in the English-speaking world uses "Gbm.".)
Alternative for a general audience: Utility patent.

TechLawDC
United States
Works in field
Native speaker of: Native in EnglishEnglish
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5 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +2
utility model


Explanation:
http://en.wikipedia.org/wiki/Gebrauchsmuster

Emma Grubb
Local time: 03:22
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 13
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Alison MacG: Absolutely, Emma. @ Kathy - utility patent is a US term. "utility patent is used in the US to distinguish it from other types of patents ... but should not be confused with utility models granted by other countries" http://en.wikipedia.org/wiki/Patent
1 hr

agree  Monika Elisabeth Sieger: Yep Alison!
3 hrs
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Changes made by editors
Mar 2, 2010 - Changes made by Steffen Walter:
FieldTech/Engineering => Law/Patents


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