In order to obtain a patent for your invention, you must first file an application for the grant of a patent ("patent application") with the German Patent and Trade Mark Office (DPMA).

In order to maintain your patent application or patent protection, you must pay annual fees for each patent or application. These are due from the beginning of the 3rd year after filing and in each subsequent year. You must pay the renewal fees without being requested to do so.

The filing date is secured upon receipt of the application. An automatic examination for novelty and inventive step does not take place. This requires a request, which can be submitted by the applicant or any third party up to 7 years from the filing date. Otherwise the application is deemed to be withdrawn.

You can have a search carried out on an invention for which an application has already been filed before examination. Such an early search is useful if, for example, you want to gain an impression of patentability in advance and thus of a later examination result.

Filing an examination request

In order to actually obtain a patent, you must file a request for examination and pay the examination fee of 350.00 EUR. Only then can the DPMA carry out the examination of the application and, if necessary, grant a patent.

Note: If you wish, you can also file a fee-based search request for your application before filing your request for examination. In this case, the protectability of your filed invention will be assessed and substantiated in a detailed search report, which will also contain the documents that may be relevant for the further examination of the patentability of your invention.

In the examination procedure, the patent examiners of the DPMA ensure that your invention meets the following criteria:

• novelty
• inventive step
• industrial applicability

In addition, it must be a technical invention which is disclosed in an embodiment.

Disclosure

Your patent application remains secret for 18 months, after which it is disclosed, i.e. published. In the "DPMAregister" database, a reference to the publication of the so-called disclosure document appears. You can view it there from the first day of publication.

The period of secrecy is intended to give you the opportunity to pursue your application further or, if necessary, to withdraw it before the publication of the publication document. The publication notice appears regardless of whether you have filed a request for examination or not.

Notice of examination

If you have filed a request for examination for your application, a patent examiner will determine the state of the art relevant to your invention and check whether a patent can be granted against this background.

If it is established that your invention is new, involves an inventive step, is executably disclosed and industrially applicable and your application also meets all other formal requirements, the DPMA will grant you a patent.

If your invention does not meet the requirements or if your application has other deficiencies, you will be notified of this in an office action.

You will then have the opportunity to comment and correct the deficiencies within a time limit specified in the office action. Please note that all amendments must be within the scope of the original disclosure, i.e. the description of your invention submitted on the filing date.

Grant and publication

Once the patent application has been successfully examined, a patent can be granted. The grant is published in the relevant section of the patent gazette. It can also be searched in the "DEPATISnet" and "DPMAregister" databases. The patent proprietor's right to protection arises upon publication of the patent grant in the Patent Gazette. A granted patent is effective for a maximum of 20 years from the day after the application is filed.