Registering patents in Germany

The patent is an industrial property right which gives its owner the exclusive right to use his invention. It can be granted for inventions in all fields of technology, provided they are new, involve an inventive step and are industrially applicable. To obtain a patent for your invention in Germany, you must register it with the German Patent and Trade Mark Office (DPMA) for a patent . You must describe the invention in the application documents so clearly and completely that a person skilled in the art can easily carry it out. A subsequent extension of the subject matter of the application is not possible.

You can apply for the grant of a patent in writing or electronically via special application software at the DPMA. A patent does not arise does not come into existence upon filing at the DPMA. A patent can only be granted once your invention has successfully passed the statutory examination procedure.

Applying for a patent in writing

If you want to file the application in writing:

• The DPMA publishes a form for the application for the grant of a patent on its website, which should be used. Print out the application complete it and submit it to the DPMA together with the required documents. The application can also be filed via a patent information center if this office is designated to receive patent applications by an announcement of the Federal Ministry of Justice in the Federal Law Gazette.
• Transfer the application fees .
• Optional: if you have already requested the examination of the application included in the application, you also transfer the examination fee for the examination of the application .
• Your application will be checked for compliance with the formal requirements upon submission of the application documents and payment of the application fee. compliance with the formal requirements and obvious obstacles to patentability. In addition, your invention will be classified according to its substantive content in a classification scheme, the International Patent Classification IPC.
• Then submit the request for examination .
• Pay the examination fee .
• Optional: You can also submit the request for examination in the application for the grant of a patent by ticking the appropriate box.
  Otherwise, you can also file the request with an informal letter subsequently in written or electronic form, i.e. on paper, by fax or by using the "DPMAdirektPro" program.
• From the filing date you have seven years to file the request for examination. To maintain your application, however, you must pay annual fees without being asked from the third patent year onwards.
• If you wish, you can also submit a chargeable search request for your application. In this case, the protectability of your filed invention will be assessed and documented in a detailed search report which also contains the documents that may be relevant for examining the patentability of your invention.
• If you have filed a request for examination for your application, a patent examiner examines the prior art relevant to your invention and grants a patent if necessary.
• If your invention does not meet the requirements or your application has other deficiencies, you will be informed of this in an office action communicated to you.
• You can then comment and rectify the deficiencies . It is important to note that all changes must be within the scope of the description of your invention submitted on the filing date.
• Your patent application remains secret for 18 months after which it is published in the so-called "Offenlegungsschrift". The publication is published regardless of whether you have filed a request for examination.
• If a patent has been granted, the publication of the grant in the Patent Gazette . It can also be searched in the "DEPATISnet" and "DPMAregister" databases.
• A granted patent is effective for a maximum of 20 years which begins on the day after the application is filed. In order to maintain patent protection or the application, you must pay annual fees for each patent or application from the beginning of the third year without being asked.
• Your patent can be challenged by third parties either by opposition or by an action for revocation.

Applying for a patent electronically

You can use the free "DPMAdirektPro" software for your application. Download the software from the DPMA website and follow the instructions. Information on the signature requirements for electronic filing can also be found on the DPMA website. Then transfer the application fee and, if applicable, the examination fee without being asked to do so. You cannot apply for a patent by e-mail.

The further procedure is the same as described for the written application.

Time limits in connection with the patent application

There are many deadlines in connection with a patent application that you should observe:

• Payment of the application fee within 3 months of receipt of the application by the DPMA. Without full and timely payment, the application is deemed to be withdrawn.
• Submission of the technical description , the patent claims and, if applicable, the drawings: together with the application.
• Submission of the abstract and the designation of the inventor in principle within 15 months of the filing date.
• Filing of the request for examination : up to 7 years after filing the application. Renewal fees must be paid from the third patent year onwards.
• Payment of the search fee within 3 months of receipt of the search request
• Payment of the examination fee: within 3 months of receipt of the request for examination. However, this period ends at the latest seven years after filing the application.
• Opposition against the grant of the patent: within 9 months of publication of the grant of the patent in the Patent Gazette
• Payment of the renewal fee unsolicited at the beginning of the 3rd and each subsequent year, calculated from the filing date. If you do not pay the annual fee on time or in full, the patent will expire.

Fees generally payable in connection with the patent application

• Electronic filing fee for up to 10 claims: EUR 40.00, for each additional claim: EUR 20.00.
• Paper filing fee for up to 10 claims: EUR 60.00, for each additional claim: EUR 30.00.
• Advance search without filing: EUR 300.00.
• Examination fee after a search request has been filed: EUR 150.00.
• Examination fee without prior search request: EUR 350.00.
• Renewal fees from the third patent year up to the 20th patent year: EUR 70.00 to EUR 2030.00.

Acquisition of a license to use the patent

With the non-binding declaration of interest in a license is purely about informing potential licensees about the willingness to grant a license. willingness to grant a license . The non-binding declaration of interest in a license is entered in the register and published in the Patent Gazette. Revocation is possible at any time.

With the binding declaration of willingness to license is a declaration of willingness by the patent applicant or the patent proprietor to the DPMA to allow anyone to use the invention in return for appropriate remuneration. reasonable remuneration for appropriate remuneration. For this purpose, the declaration must be submitted in the original or in electronic form with a qualified electronic signature via DPMAdirektPro must be submitted. The entry is made in the register and the publication in the Patent Gazette . A written withdrawal and withdrawal via DPMAdirektPro is possible as long as the patent proprietor has not yet been notified of an intention to use the patent.

With the exclusive license the licensee grants an exclusive right, effective against any person, within the framework of a contract with the patent applicant. exclusive right acquired . An entry is made in the register for a fee. The exclusive license is not published in the patent gazette.

Contact us
Central customer service
Phone: 089 2195-1000
Email: info@dpma.de

The patent system is a very extensive and complex area of law. area of law area of law. It can therefore be advantageous if you instruct a patent attorney or attorney-at-law for the patent application. If you do not live in Germany and have neither a registered office nor a branch office in Germany, you will need a lawyer or patent attorney who is authorized and empowered to represent you in proceedings before the German Patent and Trade Mark Office.

European patents

The European Patent Office (EPO) conducts an independent European patent grant procedure. The basis for this is the European Patent Convention (EPC).

You can apply for a European patent for the 39 contracting states of the EPC. However, the patent is not uniformly for all the contracting states of the European Patent Convention. Rather, once granted, the patent has the same effect in each EPC contracting state for which it has been granted and is subject to the same provisions as a national patent granted in that EPC contracting state. These arise with the publication of the European patent in the respective EPC contracting states. You can choose in which states of the EPC your European patent is to be valid.

You can file European patent applications in accordance with Art. II § 4 (1) of the Law on International Patent Conventions ( IntPatÜbkG ) at the EPO, at the DPMA and at the patent information centers in the following cities: Chemnitz, Dresden, Hamburg, Ilmenau, Kaiserslautern, Saarbrücken and Stuttgart. For applications under Art. II § 4 (2) IntPatÜbkG you must indicate in an annex that the invention may contain a state secret.

You can also submit your applications electronically using the filing system developed for German patent applications (DE module) of the online filing software issued by the European Patent Office, Online Filing 2.0 or the EPO's Web-Form Filing.

A European patent application grants provisional protection under Art. 67(2) EPC in conjunction with Art. Art. II § 1 (1) IntPatÜbkG. In order to obtain this protection, pursuant to Art. 67 (3) EPC in conjunction with Art. Art. II § 1 (2) IntPatÜbkG a translation of the patent claims into German is required. According to Art. II § 1 (2) IntPatÜbkG, provisional protection only takes effect from the date on which a German translation of the patent claims submitted by the applicant has been published by the DPMA or the applicant has transmitted such a translation to the user of the invention. Pursuant to Art. II Sec. 2 (1) IntPatÜbkG, the DPMA publishes the filed translation only at the request of the applicant. The appointment of an authorized domestic representative is not required. The file number (application number) of the EP application, preceded by the abbreviation EP, must appear at least at the top of the first page of all items sent to the DPMA. A translation of the patent after grant pursuant to Art. 65(1) EPC is not required.

A fee of EUR 60.00 for the publication of the translation of the patent claims is due within 3 months of receipt of the request for publication. If the fee is not paid, not paid in full or not paid on time, the request for publication of the translation shall be deemed withdrawn.

With the entry into force of the Agreement on a Unified Patent Court (UPCA), it will also be possible from mid-2023 to file a separate request for unitary effect of the European patent with the EPO after the European patent has been granted. Detailed information can be found on the website of the European Patent Office .

Renewal fees for the maintenance of a patent or a patent application

• Renewal fees for the 3rd and 4th year: EUR 70.00.
• Renewal fees for the 5th year: EUR 100.00.
• Annual fees for the 6th year: EUR 150.00.
• Annual fees for the 7th year: EUR 210.00.
• Annual fees for the 8th year: EUR 280.00.
• Annual fees for the 9th year: EUR 350.00.
• Annual fees for the 10th year: EUR 430.00.

The annual fees may be paid at the earliest1 year before the due date and must be paid at the latest by the end of the 2nd month after the due date. If the fee is not paid within this period, it can still be paid with the late payment surcharge up to the end of the 6th month after the due date.

Registering trademarks

All signs, in particular words, letters, numbers, illustrations, but also colors and color combinations, movements, holograms, multimedia signs, sounds and three-dimensional designs, including the shape of a product or its packaging, as well as other presentations, which are suitable, can be protected as trademarks, distinguish the goods or services of one company from those of others.

Registration of a trademark is excluded if there are absolute grounds for refusal, such as

• lack of distinctiveness,
• descriptive indications to be kept free for general use,
• a clear risk of being misleading,
• a national emblem contained in the trademark or
• a violation of public morality or public order.

If you do not live in Germany and have neither a registered office nor a branch in Germany, you will need a a lawyer or patent attorney who can represent you in the proceedings. who is authorized and empowered to represent you in proceedings before the German Patent and Trade Mark Office.

If you have filed a trade mark application with the DPMA, the trade mark office will first check whether all the necessary information, namely the applicant, the trade mark and the list of goods and services, has been submitted. However, the trade mark application will not be examined until the fees for the application have been paid in full. The DPMA will also check your trade mark application for absolute grounds for refusal. However, it does not not whether your trade mark infringes third-party IP rights and already exists in an identical or similar form. You should therefore research whether the desired trademark infringes the rights of third parties before applying for a trademark. Otherwise, an opposition may be filed against your trademark before the DPMA and it may have to be canceled. In addition, action can be taken against your trademark with a warning letter or with legal action before civil courts. Trademark protection arises when the trademark is entered in the register. Under certain conditions, however, trademark protection can also arise through the use of a sign in the course of trade or through the attainment of a certain level of recognition.

Procedure for registering a trademark

The registration of a trademark can be applied for in writing or electronically. If you wish to apply for registration in writing:

• Download the form "Application for entry of a trade mark in the register" online from the DPMA website, print and complete it and attach the required documents.
• Submit the application documents to the DPMA. You will then receive an acknowledgement of receipt with the official file number.
• Pay the unsolicited application fee within 3 months from submission of the application. The DPMA will then examine whether your trade mark can be registered.
• You may be asked for a statement and to complete the application.
• If all requirements are met, the trademark will be registered and you will receive the certificate of registration with the corresponding extract from the register.
• On the date of entry in the register, the trademark protection from the day after the application.
• The entry is also published in the official electronic trademark gazette.
• Trademark protection ends 10 years after the filing date. For a fee, you can extend the protection for 10 years as often as you like. extend .
• If it turns out during the examination that your application obstacles to protection are opposed to your application, you will receive a written objection. If these objections cannot be dropped after examination of your statement, the application with a decision, if necessary in part, rejected . You can review this decision again with a reminder or appeal procedure reminder or appeal procedure for a fee. with costs.

Electronic application for a trademark

If you apply for the registration of a trademark electronically you can file your application via the service " DPMAdirektWeb " service. It is then valid without a signature and without an electronic signature. You will be guided through the application in just a few steps. You will immediately receive the official file number. Then transfer the application fee without being asked.

If you want to provide your application with a qualified electronic signature, you can use the free "DPMAdirektPro" service. You will need a signature card with the corresponding card reader and the "DPMAdirektPro" application software to create and validate the application documents. Then transfer the application fee without being requested to do so. You will immediately receive the official file number. The DPMA will then check whether your trade mark can be registered.

Time limits for filing a trade mark application

• Payment of the application fee and any class fees: within 3 months of filing the application.
• Payment of the fee for accelerated examination within 3 months of filing the application for accelerated examination.
• Opposition against registration: within 3 months of the date of publication of the registration in the electronic Trade Mark Journal.
• Payment of the renewal fee at the beginning of the 11th year of protection.

Fees for trademark protection rights

• Electronic application for up to 3 classes: EUR 290.00.
• Registration in paper form for up to 3 classes: EUR 300.00.
• for each additional class (class fee): EUR 100.00.
• Application for accelerated examination EUR 200.00.
• Application fee for a collective or certification mark EUR 900.00.
• Renewal fee including the class fee for up to three classes: EUR 750.00.
• Renewal fee Collective and guarantee mark: EUR 1800.00.
• Class fee for renewal (for each class from the fourth class onwards): EUR 260.00.
• Opposition proceedings Basic amount for one opposition mark: EUR 250.00.
• Opposition proceedings Fee for each additional opposition mark: EUR 50.00.

Trademark license

Trademark owners can:

• grant rights of use to a person, a so-called exclusive license or grant several licenses with the same content to different persons as a simple license .
• grant licenses for the whole of Germany or only for a part of Germany.
• The right to use of the trademark for a limited or unlimited period of time.
• The license for all registered goods or services or only for part of the protected goods or services or services.

Information on licenses is entered in the register entered

Register designs

With a registered design, the DPMA grants a monopoly for a monopoly for a limited period of time on the appearance, i.e. the external shape and color scheme of a product. The representations of the design (called representation) that you submit with the application are therefore particularly important. Only what is visibly reproduced in the representations is protected.

Protection arises with the registration of the design in the register kept by the DPMA register . It is valid in the entire territory of the Federal Republic of Germany. As the proprietor of a registered design, you have the exclusive right to exclusive right to use the design. You can prohibit third parties from using your design when manufacturing, offering, placing on the market or importing and exporting products. This also means that you, as the design owner, can take action against any design that does not create a different overall impression on informed users than your registered design.

When you register a design is checkedB

• whether the application fulfills the formal requirements are met in particular whether all necessary information is included and the design representations meet the formal requirements, and
• whether the representations show a design i.e. a specific shape and color of a product (designability). The design must also be compatible with public order and morality and must not constitute a misuse of national emblems or other signs of public interest.

The DPMA does not examine the substantive protection requirements of novelty and individual character of the design in the registration procedure.

If you do not live in Germany and have neither a registered office nor a branch in Germany, you will need a R egal or patent attorney to represent you in the registration procedure. who is authorized and empowered to represent you in proceedings before the German Patent and Trade Mark Office.

Registering designs in writing

If you apply for designs in writing in writing:

• Please download the application form for filing a design application and, in the case of multiple applications (applications with several - max. 100 - designs), the attachment sheet on the DPMA website and complete both.
• Attach the representation of the design(s) to the application on the reproduction form or as JPEG file(s) on an admissible data carrier (CD or DVD). Up to 10 photos or other graphic representations of the design can be submitted as renditions, in particular to show the design from different perspectives.
• Attach all necessary documents and submit your application to the DPMA in person or by post, but not by fax. Please be sure to observe the legal requirements and the specifications for the reproduction of your design. The following documents must be submitted the request for registration, details of the applicant, the representation of the design and the indication of the product.
• You will then receive an acknowledgement of receipt.
• Within 3 months of filing the application, pay the application fees .
• After payment of the fees, your application will be examined by the Design Division of the DPMA after payment of the fees . The DPMA will check whether all the information and documents required for the application have been received.
• It is determined whether the application fulfills the legal requirements, in particular whether the representation meets the formal requirements and whether it shows a design (designability).
• If the requirements are met, the design office will enter your application in the register. The entry will be published on the publication platform " DPMAregister " and in the electronic Design Gazette. With the entry in the register, the design protection .
• In order to maintain protection, you must pay the maintenance fees in good time at the end of each protection period (5 years in each case) without being asked. maintenance fees without being asked. However, you can only have your design protected for a maximum of 25 years. If you have requested deferment of publication of the representation with the application, you must pay the extension fee within 30 months of the filing or priority date in order to extend the protection initially to the protection period of 5 years and then to be able to maintain it later if necessary.

Filing designs electronically

If you apply for registration electronically application:

• For multiple applications of up to 20 designs you can file your request via the online service " DPMAdirektWeb ", it is then valid without signature and without electronic signature. You will be guided through the application in just a few steps.
• If you more than 20 designs in a single application, please use the free service " DPMAdirektPro ". You will need a signature card with the corresponding card reader and the application software provided by the DPMA free of charge. application software "DPMAdirektPro", which is provided free of charge by the DPMA, to create and validate the application documents.
• You will then receive a confirmation of receipt.
• Pay the unsolicited application fee within 3 months of submitting your application.
• The DPMA examines as described above whether your design(s) can be registered.

Payment deadlines for the design application

• Payment of the application fee within 3 months after submission of the application.
• Payment of the maintenance fee at the latest at the end of each protection period (5 years from the filing date).
• Payment of the renewal fee in the case of registration with deferment of publication of the representation: within 30 months from the filing or priority date

Fees for design applications

• Electronic application: EUR 6.00 per design, but at least EUR 60.00.
• Application in paper form: EUR 7.00 per design, but at least EUR 70.00.
• Application with deferment of publication of the representation: EUR 3.00 per design, but at least EUR 30.00.
• Extension fees: EUR 4.00 per registered design, with a minimum of EUR 40.00.
• Maintenance fees 6th to 10th year of protection per registered design: EUR 90.00.
• Maintenance fees 11th to 15th year of protection per registered design: EUR 120.00.
• Maintenance fees 16th to 20th year of protection per registered design: EUR 150.00.
• Maintenance fees 21st to 25th year of protection per registered design: EUR 180.00.

Acquisition of a license to reproduce the design

The non-binding licensing declaration is purely a matter of informing potential licensees about the willingness of the willingness of the applicant to grant a license . The non-binding licensing declaration is entered in the register and published. Revocation is possible at any time.

With the exclusive license rights of use are granted exclusively to one person, or several licenses with the same content are granted to different persons as a single license. Licenses can be granted for the whole of Germany or only for a part of Germany.

Registering a utility model

The utility model is an industrial property right which, after entry in the register, gives its owner the exclusive right to dispose of his or her invention.

The utility model is a substantively unexamined industrial property right. The DPMA only carries out a formal examination of the application. The substantive protectability is only examined by the DPMA in the course of any cancellation proceedings.".

• The following are eligible for protection technical inventions which are new, involve an inventive step and are susceptible of industrial application.
• Novelty, inventive step and industrial applicability are not examined in the registration procedure.
• No utility model protection exists in particular for process inventions.
• If the applicant is resident, domiciled or established in Germany, it is possible for the applicant to file the application himself/herself.
• In the case of residence, registered office or branch office outside Germany, representation by a person authorized to practice law or patent law in Germany is required. authorized person is required.
• The application for registration is subject to a fee and the processing time is approx. 1-3 months.
• The maximum term of protection of a utility model is 10 years. Maintenance of protection after the 3rd, 6th and 8th year is subject to a fee.
• The German Patent and Trade Mark Office is responsible for utility model examination and registration.

Acquisition of a license to use the utility model

With the non-binding declaration of interest in a license is purely a matter of informing potential licensees about the willingness to grant a license. The non-binding declaration of interest in a license is published in the register and published in the Patent Gazette. The revocation is possible at any time.

The rights to the utility model may be the subject of exclusive or non-exclusive licenses in whole or in part. In the case of an exclusive license rights of use are granted to a single licensee. With the simple license on the other hand, several licenses with the same content are granted to different persons. Licenses can be granted be granted for the whole of Germany or only for a part of Germany.

• German Patent and Trademark Office (DPMA)
• European Patent Convention (EPC)
• International patent conventions
• Internet pages of the European Parliament