INTRODUCTION

Intellectual Property Rights in Germany enjoy a strong legal framework. The German legal system is advanced and offers robust protection for intellectual property rights. Both the European Patent Office (EPO) and the German Patent and Trademark Office, also known as Deutsches Patent- und Markenamt(DPMA) manage patent applications and award patents. It was established on 1st July, 1877.The patents granted by DPMA are only protected within the Federal Republic of Germany.

THREE KINDS OF IP PROTECTIONMETHODS IN GERMANY

1. IP Protection in a number of countries

To protect your IP in a number of countries, one needs to file an international patent application under the Patent Cooperation Treaty (PCT).With Germany having a 30-month deadline, this would allow you 30 or 31 months to begin national-phase filing in any of the 153 PCT member nations.

2. IP protection in Europe

To protect IP all across Europe, one needs to file a regional application with the European Patent Office (EPO). Through this process, one can protect his patent all across EPO member countries which includes Germany instead of entering national-phase filings in each European country individually.

3. IP Protection in Germany and USA

One can use the direct filing method under the Paris Convention to limit their patent to the United States and Germany. As long as the German Patent and Trademark Office (DPMA) application is submitted within a year after the priority application, this would let one to file first in the US and then use that priority date on subsequent applications.

PATENT FILING IN GERMANY

Your intended patent innovation must be completely fresh. The invention must be “inventive” and not be an obvious extension of the state of the art in order to qualify for patent protection. Everything that has already been written and published on this specific topic, whether as a written and published document, displayed as an invention at a trade show, or discussed orally, constitutes the present state of the art. All of this is regarded as “state of the art” even if it is written in a foreign language, published elsewhere in the globe, or, as was already said, just displayed at an exhibition.

DOCUMENT REQUIREMENT

For a new patent application to be filed successfully, the following documents must be included:

1. A request for the issuance of a patent

2. Specification, or the description of the invention; claims; drawings, if any; and

3. An abstract.

Within 16 months after the earliest priority date, the applicant must provide a copy of the priority document to affirm the priority right. There is no need for certification or legalisation.

LANGUAGE REQUIRED FOR FILING PATENTS

German is the sole language used in the German patent application. An application filed in English or French may be translated into certified German within 12 months of the application's filing date or within 15 months of the earliest priority date, if any. If the application is submitted in another language other than German, the certified German translation must be submitted within three months of the application's submission.

STEPS FOR FILING FOR PATENT IN GERMANY

To begin with, one has to pay the EUR 350 examination fee in order to start this process,the cost of a European patent application is much higher. You have a maximum of seven years from the time of registration to apply for the test. A patent may be awarded in two and a half to three years. However, the patent office will provide you a conclusion within nine to eleven months outlining your prospects.

The grant of patents in Germany can be summed up into 5 steps:

STEP 1: FILING

German must be used for the filing of a patent in either the Paris Convention-based national entry or the PCT National Phase-based national entry forms in Germany.

STEP 2: PUBLICATION

German patents must be published within 18 months of the priority date. The application will be kept secretive for 18 months before being published.

STEP 3: EXAMINATION

In Germany, formal and substantive exams are conducted on patent applications. The German application for a patent must be filed within seven years of the request to perform a substantive examination.

STEP 4: PROSECUTION

When an application is being examined, the Patent Office will issue an Examination Report (FER) or Office Action with a list of requirements and objections, to which a response must be sent within six months of the FER's date of issuance.

STEP 5: GRANT

A German patent may be granted by the DPMA in 30 to 36 months. After the patent has been granted, annuities for the following years must be paid. Following the international filing date, the patent is protected for 20 years as long as its annual fees are paid.

GRANT OF PATENT UNDER THE UTILITY MODEL

In Germany, utility model protection for inventions is another option that requires formal evaluation alone. It provides protection for a period of ten years in contrast to twenty years through the normal procedure, and it offers the same protection.The procedure is substantially quicker in this case, and instead of taking years to take effect (after registration), IP rights can do so immediately away. The drawback is that if your intellectual property is subsequently contested, an examination will be conducted and your IP rights may be altered or revoked.

Author : Apeksha Kachhawaha, in case of any query, contact us at Global Patent Filing or write back us via email at support@globalpatentfiling.com.

REFERENCES

1. German Patents and Utility Models, European Patents (EPO), https://register.dpma.de/DPMAregister/pat/basis.

2. An International Guide toPatent Case Management for Judges, https://www.wipo.int/patent-judicial-guide/en/full-guide/germany.