Legal Definitions - Bekanntmachung im Patentblatt

Bekanntmachung im Patentblatt (German for "Publication in the Patent Gazette") refers to the official date when a Gebrauchsmuster (a type of German utility model or "petty patent") is formally published and made available to the public in the German Patent and Trademark Office's official gazette. This date is highly significant because it marks the moment the details of the Gebrauchsmuster become public knowledge, affecting legal timelines for challenges, validity assessments, and the determination of prior art.

• Example 1: Competitor Awareness and Strategic Planning

  A company, "EcoSolutions GmbH," is developing an innovative, modular design for a reusable packaging system. Before investing heavily in manufacturing, their research and development team conducts a thorough search for existing intellectual property. They discover a Gebrauchsmuster for a very similar modular packaging concept filed by a competitor, "GreenPack AG." The Bekanntmachung im Patentblatt for GreenPack AG's Gebrauchsmuster was six months ago. This date immediately informs EcoSolutions GmbH that GreenPack's design is already publicly known and protected, prompting EcoSolutions to either significantly alter their own design to avoid infringement or explore potential licensing agreements with GreenPack.

• Example 2: Prior Art Assessment for a Patent Application

  A small engineering firm, "InnovateTech UG," applies for a full patent for a novel, self-locking mechanism for industrial machinery. During the patent examination process, the patent office cites a previously published Gebrauchsmuster that appears to describe a very similar invention as "prior art." InnovateTech UG's legal counsel investigates and confirms that the Bekanntmachung im Patentblatt for this cited Gebrauchsmuster occurred three years before InnovateTech UG filed their patent application. This crucial date establishes that the Gebrauchsmuster predates their invention, potentially impacting the novelty and inventiveness claims of InnovateTech's patent application.

• Example 3: Enforcement of Inventor's Rights

  An independent inventor, Ms. Lena Müller, successfully registers a Gebrauchsmuster for an improved ergonomic handle design for gardening tools. She receives official notification that the Bekanntmachung im Patentblatt for her Gebrauchsmuster has taken place. This official publication date is critical because it signifies the precise point from which her exclusive rights are legally enforceable against others. If she later discovers another company manufacturing gardening tools with a handle design identical to her Gebrauchsmuster, she can use the Bekanntmachung im Patentblatt date as definitive proof of her prior public right when pursuing legal action for infringement.