You can find all the information of Germany about trademarks, patents, utility models, copyrights, registered designs, and all other IP rights.

 

Step numberStep corresponding information
step 1

Prepare the patent application documents which include:

– a written description (to allow others to see how it works)

– drawings (to illustrate your invention)

– claims (precise legal statements in the form of single sentences to define the technical features)

– an abstract (a summary that includes the important technical aspects)

step 2

Fill in and file the patent application form   Antrag auf Erteilung eines Patents and Erfinderbenennung (form for naming the inventor), together with three identical copies of the patent claims, the description, the drawings as well as the text and the drawing of the abstract on separate sheets.

Applications can also be filed in a language other than German. In that case, however, a German translation must be submitted within a period of three months after filing.

Applicants having neither a domicile nor an establishment in Germany must appoint a patent attorney or an attorney at law in Germany as representative. This representative may also be a national of a member State of the European Union or of a State party to the Agreement on the European Economic Area, provided that a patent attorney or attorney-at-law, resident in Germany, has been authorised to receive service of official communications.

step 3

We will send you a receipt containing the official file number and the filing date of your application.

If you have appointed a representative, the receipt will be sent to your representative.

step 4

After receipt of the filing fee, we will examine your application to see if it complies with the formal requirements and also carry out a check for obvious defects.

The patent application is usually published 18 months after the filing date or priority date on the electronic publication platform DPMApublikationen .

step 5

The mere filing of an application does not result automatically in the examination as to patentability. This examination must be requested separately.

If you have filed examination request and paid the appropriate fee for this request, a technical examiner will examine whether the content of your application is patentable, i.e. new, involves an inventive step and commercially applicable.

step 6If the application complies with the prescribed requirements, if defects have been remedied and if the subject matter of the application is patentable, a patent will be granted. The legal effects of the patent enter into force with the publication of the grant in the Patent Gazette . Simultaneously the patent specification will be published. It includes the patent claims, the description and the drawings on the basis of which the patent has been granted. Within three months from the publication of the grant, any person may give notice of opposition to the patent.
step 7More information is available at Informationen for Patent Applicants and Ordinance on Patent Procedures before the German Patent and Trade Mark Office (Patent Ordinance) .

 

The annual fees will be reduced by half, if you declare that you are prepared to grant licences to anyone under Sec.23(1) Patent Act.

Please note: 
1. If the application fee is not paid within 3 months after filing the application, the application is deemed to be withdrawn (Sec.6(2) Patent Costs Act). Apart from the acknowledgement of receipt, no fee notices will be sent out.
2. For each patent and for each application, an annual fee pursuant to the Patent Costs Act must be paid without any request by the office at the beginning of the 3rd and every following year, calculated from the filing date. 
3. If the fee is not paid at all, not paid on time or not paid in full the application is deemed to be withdrawn or the patent lapses. 

StepFees (€)Comments
Standard procedureApplication fee60 
Search fee450300 for search request + 150 for examination fee after filing of a search reuest
Grant fee0 
Procedure with reduced feesApplication fee40online filling
Search fee350Examination fee without prior search request
Grant fee0 
Optionals stepsStandard procedureAdditionnal claim30 
Procedure with reduced feesAdditionnal claim20 

 

Defensive Actions

 

Objection

General information

Who can file an objection against my patent?

Anybody can oppose the grant of a patent (Sec. 59 (1) Patent Law) based on a ground for opposition. If no opposition is filed, the patent becomes legally valid upon expiry of the opposition period. The patent will then become valid retroactively from the date of filing for a period of up to 20 years. The notice of opposition allows the opponent to state the reasons why he considers the patent to be unlawful.

Can I file an objection against a someone else’s patent?

Yes,upon existence of a ground for opposition.

Are there specific deadlines/timeframes which I have to observe in connection with objection proceedings?

The opposition has to be lodged within three months from the publication of the patent specification in the patent gazette. The opposition procedure is fee-based. Even after expiry of the opposition period, a patent in force can be challenged by an action for the declaration of nullity brought before the Federal Patent Court.

Who will take a decision on the objection?

The German Patent and Trade Mark Office. A panel of members of a patent division of the DPMA re-examines whether the patent meets requirements for grant or maintenance. The patent will be either revoked or maintained as granted or maintained in an amended form of more limited scope. Appeals against decisions in opposition procedures can be lodged at the Federal Patent Court (Bundespatentgericht).

Signpost

Nullity Action (declaration of invalidity)

General information

Who can file an application for declaration of invalidity of my patent?

Anybody can oppose the grant of a patent after expiry of the opposition period by an action for the declaration of invalidity brought before the Federal Patent Court (Sec. 81 (1) Patent Law), based on a ground for nullity.

Can I file an application for declaration of invalidity of someone else’s patent?

Yes, if there is a ground for nullity.

Are there specific deadlines/timeframes which I have to observe in connection with an application for declaration of invalidity?

A declaration of invalidity can be brought before the courts 3 months after the publication of the patent in the patent gazette at the earliest.

Signpost

Proactive Measures

 

Action under competition law

Action for damages

Customs Seizure

General information

What does customs seizure mean?

According to Art. 9 (1) of Council Regulation (EC) No 1383/2003, the customs administration takes action if goods, which are suspected of infringing intellectual property rights, are imported into the EU. If, based on the available information, a customs office suspects incoming goods of infringing the intellectual property rights of an applicant, the goods will be detained.

The right holder, whose intellectual property rights are affected by the supposed infringement, will be informed about the measure of the customs office. He can also request to get the data of the importer and some examples of the goods in question. If the right holder confirms, after examination, that the goods are infringing his intellectual property right, he has a choice of two options. He can either have the goods destroyed, with the agreement of the importer and under customs supervision, or start a civil trial to confirm the infringement.

How to proceed

What initial steps are necessary?

In general it is necessary, that the owners of intellectual property rights (right holders) file an application for action by the customs authorities, according to Art. 5 of Council Regulation (EC) No 1383/2003, at the Central Bureau of Intellectual Property Rights (CBIPR) in Munich using a special form which is available at the national customs authorities.

The application must contain all available information (electronically, if possible ) to allow the customs officers to distinguish original and fake goods (for example names and addresses of manufacturers of the original products, pictures of original products, information about special security features).

Signpost

What signposts exist?

For individual and detailed information please contact the team of the Central Bureau of Intellectual Property Rights:

Bundesfinanzdirektion Südost
Central Bureau of Intellectual Property Rights
Sophienstraße 6
80333 Munich
Germany
Phone: +49 (0) 89 – 59 95 23 13
Fax: +49 (0) 89 – 59 95 23 17
Email: zgr@ofdm.bfinv.de

More information about the border seizure system is available at:

http://www1.zoll.de/english_version/d0_protection_property/a0_trademark/b0_application/index.html

 

Instruments

 

Preservation of Evidence

Signpost

What signposts exist?

As soon as an infringement of property rights has been determined, it is recommended to preserve evidence in the form of samples, catalogues and available material and arrange an inspection, accompanied by witnesses that are no legal representatives of the company of the right holder.

http://www.messefrankfurt.com/

http://www.brak.de/fuer-verbraucher/anwaltssuche/

http://www.patentanwalt.de

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004L0048R%2801%29:DE:NOT

 

 

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Patent Renewal Cost in Germany

 

To keep your patent or patent application in force annual fees must be paid at the beginning of the third year and each following year counted from the date of filing.

The fee is falling due on the last day of the application month (example: filing date 15/06/08 3rd annuity due on 30/06/10). If the fee is not paid before the expiry of the second month from the due date, it may be paid together with a surcharge of 50 EUR before the expiry of the sixth month from the due date (in the above example that time limit expires on 31st December 2010).

Reduced fees apply in case of declaration of willingness to license (Sec. 23 (1) Patent Law)

YearStandard fees (€)Reduced fees (€)Comments
370  
470  
590  
6130  
7180  
8240  
9290  
10350  
11470  
12620  
13760  
14910  
151060  
161230  
171410  
181590  
191760  
201940