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10 J. Pat. Off. Soc'y 199 (1927-1928)
German Patent and German D. R. G. M.

handle is hein.journals/jpatos10 and id is 219 raw text is: GERMAN PATENT AND GERMAN D.R.G.M.

GERMAN PATENT AND GERMAN D. R. G. M.
By DR. FRANZ HERZFELD and
DR. FREDA HERZFELD-HOFFMANN
Patentianwaelte
Inventions can be protected in Germany in two ways,
either by patenting or by taking out a socalled Gebrauchs-
muster, i. e. D.R.G.M.
Which of the two protections is best fitted to any par-
ticular case, will be discussed in the following. This
question presents itself not only to the German inventor
but also to the foreign inventor and his Patent-Attorney.
Only a few countries, as Germany, Japan, and latterly
Poland and Russia, have the Gebrauchsmusterschutz. In
all other countries, including the U.S.A. little is known
of the essence of this protection and we shall, therefore,
get into this'at somewhat greater length.
In practice three main points present themselves:
1) What advantage arises from applying for protec-
tion of an invention by Gebrauchsmuster (D. R.
G.M.) as well as and at same time as by patent?
2) When should only a Gebrauchsmuster be applied
for?
3) When should only a patent be applied for?
I
Application for regisration of a D.R.G.M. together
with applications for patent is useful in the case that a
protection is required at once for an invention. Whilst
namely the granting of a patent can be protracted for
two or three years or even longer, the D.R.G.M. is regis-
tered without any essential examination almost immedi-
ately, i. e. one to two months after application. This
registration gives the holder the right, though not the ob-
ligation, to mark the protected   articles D.R.G.M.
(Deutsches Reichs Gebrauchmuster) and thus to make
known to competitors that these are protected. Apart
from this, it is easier in many cases to exploit an inven-

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