Filing 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.

Source: Zuständigkeitsfinder Thüringen (Linie6PLus)

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