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Lodge an appeal against decisions of the DPMA

Service Description

You can lodge an appeal against decisions of the examining sections and patent divisions, the utility model offices and utility model divisions, the trade mark offices and trade mark divisions as well as the design offices and design divisions of the DPMA. For example, if your IP application is rejected by decision, you can lodge an appeal against this decision.

As a first step, the DPMA usually examines itself whether the appeal is admissible and well-founded. If this is the case, it will remedy the appeal itself and revoke the decision. If, on the other hand, it considers the appeal to be inadmissible or unfounded, it submits the appeal to the Federal Patent Court. The Federal Patent Court then decides on the appeal, possibly after an oral hearing.

Process flow

  • You can submit the complaint in writing to the DPMA.
  • For appeals in patent and trade mark procedures, you can also file your appeal as an electronic document. For this you need
    • a signature card with a card reader and
    • the free "DPMAdirektPro" software.
  • Transfer the appeal fee.
  • In unilateral proceedings, the DPMA first examines whether the appeal is admissible and well-founded.
  • If the DPMA considers the appeal to be admissible and well-founded, it will revoke the decision.
  • If, on the other hand, it considers the appeal to be inadmissible or unfounded, it will refer the appeal to the Federal Patent Court for further proceedings.
  • If you, as the appellant, are opposed by another party (for example, the respondent in inspection of files proceedings), the DPMA will immediately submit the appeal to the Federal Patent Court. The Federal Patent Court gives the parties involved the opportunity to comment and then decides on the appeal.

Requirements

  • Decision of an examining section or patent division, a utility model section or utility model division, a trade mark section or trade mark division or a design section or design division of the DPMA
  • You were involved in the proceedings before the DPMA and are adversely affected by the decision of the DPMA.
  • Filing the appeal in due form and time
  • If you neither live in Germany nor have a place of business or a branch office in Germany, you need a representative (patent attorney or lawyer) who is authorized to represent you in the proceedings before the Federal Patent Court.

Which documents are required?

A copy of the appeal and all written submissions should be attached for the other parties to the proceedings.

What are the fees?

  • Appeal fee: EUR 50.00 to EUR 500.00

What deadlines do I have to pay attention to?

  • Filing an appeal: generally within one month of service of the decision
  • Exception in cost assessment proceedings (patent opposition, utility model cancellation, trademark opposition, design invalidity): within 2 weeks after service of the decision on the assessment of costs
  • Payment of the appeal fee: within one month of notification of the decision
  • Exception for appeals against cost assessment decisions (patent opposition, utility model cancellation, trademark opposition and design invalidity): within 2 weeks of notification of the decision

Processing duration

On average 25 months

Legal basis

Appeal

Forms: none

Written form required: Yes

Online procedure possible: yes

Personal appearance necessary: no

Further Information

Author

Forwarding service: Deep link to the original portal

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry of Justice and Consumer Protection

Professionally released on

18.03.2020

Source: Zuständigkeitsfinder Thüringen (Linie6Plus)

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