Breathing New Life into the German Utility Model System in the Industry 4.0 Era

GRUR International, Vol. 70, No. 7, Pp. 621-32 (July 2021)

29 Pages Posted: 16 Aug 2021

See all articles by Toshiko Takenaka

Toshiko Takenaka

University of Washington - School of Law

Date Written: August 21, 2020

Abstract

Key players of Industry 4.0, high-tech firms and individual inventors, do not use patents to exclude others due to the open source philosophy and a risk of counter-infringement assertion. These key players developed new uses of patents: (1) defensive use to avoid litigation and (2) proactive use to promote open innovation. They wanted to be rewarded with the freedom to operate instead of monopoly profits through exclusivity. To better serve the key players and in light of these new uses, the German utility model system must be reformed by incorporating a statutory license to implement the open source philosophy and adopting a simplified claiming and disclosure format. The current German translation requirement should be removed to globalize the system.

Keywords: utility model system, patents, open source, invention, innovation, small and medium-sized enterprises (SMEs), disclosure, licenses, claiming

Suggested Citation

Takenaka, Toshiko, Breathing New Life into the German Utility Model System in the Industry 4.0 Era (August 21, 2020). GRUR International, Vol. 70, No. 7, Pp. 621-32 (July 2021), Available at SSRN: https://ssrn.com/abstract=3895891

Toshiko Takenaka (Contact Author)

University of Washington - School of Law ( email )

William H. Gates Hall
Box 353020
Seattle, WA 98105-3020
United States

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