Service Finder
File an appeal against decisions of the DPMA
Service Description
You may file an appeal against decisions of the examining sections and patent divisions, utility model sections and utility model divisions, trade mark sections and trade mark divisions, and design sections and design divisions of the DPMA. If, for example, your IP application is rejected by decision, you can file an appeal against this decision.
In a first step, the DPMA usually examines itself whether the appeal is admissible and well-founded. If this is the case, it will itself rectify the appeal 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 oral proceedings.
Process flow
- You can submit the appeal in writing to the DPMA.
- For appeals in patent and trade mark proceedings, you can also file your appeal as an electronic document. For this you need
- a signature card with associated card reader and
- the free software "DPMAdirektPro".
- 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 cancel the decision.
- If, on the other hand, it considers the appeal 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 the file inspection procedure), the DPMA will immediately submit the appeal to the Federal Patent Court.The Federal Patent Court will give the parties the opportunity to comment and will then decide on the appeal.
Requirements
- Decision of an Examining Section or Patent Division, Utility Model Section or Utility Model Division, Trade Mark Section or Trade Mark Division, or Design Section or Design Division of the DPMA.
- You were a party to 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 reside in Germany nor have a place of business or a branch office in Germany, you need a representative (patent attorney or attorney-at-law) who is authorized to represent you in the proceedings before the Federal Patent Court.
Which documents are required?
The appeal and all pleadings shall be accompanied by a copy 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 of appeal: in principle within one month after service of the decision.
- Exception in cost fixing proceedings (patent opposition, utility model cancellation, trademark opposition, design invalidity): within 2 weeks after service of the cost fixing decision
- Payment of the appeal fee: within one month after service of the decision
- Exception for appeal against decision fixing costs (opposition to patent, cancellation of utility model, opposition to trademark and invalidity of design): within 2 weeks after service 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
Author
The text was automatically translated based on the German content per DeepL.
Technically approved by
Federal Ministry of Justice and Consumer Protection
Professionally released on
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)
Start your request directly online:
Deutsches Patent- und Markenamt
Address
80331 München, Landeshauptstadt
Further Authorities
Address
80331 München, Landeshauptstadt
Telephone
+49 89 2195-1000Remark: General information and information on industrial property rights
Fax
+49 89 2195-2221Remark: Applications for patents and utility models as well as submissions on existing procedures; general inquiries and other matters
Fax
+49 89 2195-4000Remark: Trademark applications and submissions to existing trademark proceedings