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What we require from client for filing a patent application |
Upon filing the application:
- Name and address of applicant Information on invention if we are instructe
- Description, patent claims and associated drawings
- Power of attorney is generally not required, only exceptionally at request of GPTO
May be submitted later:
- German translation of application (3 months from filing date)
- Abstract of invention (15 months from filing date or earliest priority date)
- Naming of inventors (15 months from filing date or earliest priority date):
- Names and addresses of inventors
- Date and manner of transfer of rights to applicant
- If priority is claimed (16 months from earliest priority date):
- Date, country and reference number of prior application(s)
- Priority document (copy/ies of prior application(s) suffice)
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Stages of filing proceedings |
- Filing of application at GPTO incl. payment of official fees
- Formal examination
- Publication (after 18 months from filing date or earliest priority date)
- Filing of request for examination (within 7 years from filing date incl. payment of request fee)
- Decision to grant patent after successful examination proceedings
- Payment of grant fee (2 months from service of decision of grant)
- Issue of patent document and patent print
- Publication of grant of patent
- Possibly opposition proceedings (within 3 months after publication of grant of patent)
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Requirements for patentability |
- Relation to technology
- Industrial applicability
- Novelty over prior written and oral publications and prior public uses worldwide and over subsequently published, older-priority German patent applications, European patent applications effective for Germany and PCT applications effective for Germany (there is no grace period for German patents!)
- Inventive step over prior written and oral publications and prior public uses worldwide
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Maintenance and maximum term of protection |
- Annuities are due annually, for the first time 2 years after filing date
- Due date: End of particular month
- Extensions for annuities:
- 2 months from due date with no surcharge
- 6 months from due date with surcharge
- Maximum term of protection of German patent: 20 years from filing date (maximum lifetime may be extended by maximum of 5 years for patents and drugs upon specific request and under special circumstances only)
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Rights from patent application and granted patent |
- From publication of application: Claim to appropriate compensation
- From publication of grant of patent: Claim to cease and desist, damages, naming of suppliers and buyers
- Against: Use of subject matter of patent (offering, producing, using, selling or importing or possessing for stated purposes)
- Pleas: Right of prior use if invention has been used in Germany before filing date or priority date; exhaustion of patent rights, entitlement to license; other grounds for entitlement to use
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Opposition proceedings before GPTO (second instance: Federal Patent Court) |
- Term: 3 months from publication of grant of patent
- Grounds: Lack of patentability (e.g. lack of novelty, lack of inventive step), lack of workability, impermissible broadening, usurpation
- Entitled to oppose: Anyone, in case of usurpation only injured party
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Invalidation suit before Federal Patent Court (second instance: Federal Supreme Court) |
- Time: Anytime after expiration of opposition period or termination of opposition proceedings
- Grounds: As in opposition proceedings
- Entitled to sue: As in opposition proceedings
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