German patent application
A German patent application is a patent application under the provisions of the German Patent Act (PatG). It can lead to a patent for the territory of the Federal Republic of Germany. In the jargon it is sometimes just called "DE registration".
Legal basis
The legal basis in the narrower sense for a German patent application is the German Patent Act . The Patent Ordinance , the Patent Costs Act and the Act on International Patent Conventions also apply .
Demarcation
A DE registration must not be confused with the following legal positions:
- A patent application is not yet a patent . A patent can only be granted if a patent application meets the formal and content requirements for patentability. The effects of a patent application against third parties are different and usually significantly weaker than those of a patent. In particular, an omission can only be requested from a patent, not from a patent application.
- A European patent application ("EP application") is a patent application under the European Patent Convention.
- An international patent application ("PCT application") is a patent application under the patent cooperation agreement , English "Patent Cooperation Treaty" (PCT).
properties
- At the request of the applicant , a German patent application leads to a search and examination procedure in which the requirements for patentability are examined and, if necessary, a patent is granted with effect for the territory of the Federal Republic of Germany.
- The examination process takes between a few months and a few years.
- The responsible office is the German Patent and Trademark Office ("DPMA") with headquarters in Munich. So-called "examination offices" process the registrations within the office. An examining unit is staffed by an examiner who leads the examination procedure and ultimately makes a decision.
- A DE application can be submitted in many languages, but has to be translated into German within a certain period.
- A DE application is considered withdrawn if Germany is selected nationally as the country for the same invention in a PCT application.
- A DE registration is an intangible asset which has one or more owners (also called "owner" or "applicant") and which can be transferred to other owners.
- To speed up the examination process, the EPO participates in the so-called " Patent Prosecution Highway " program.
- A German patent application is an intangible asset and as such is an asset. It has one or more owners, usually called the “applicant”, and it can be transferred to one or more other applicants.
- The applicant cannot demand an omission from others based on a DE registration. Depending on the case, however, after the patent has been granted, he may also be entitled to certain compensation claims for the use of the patented teaching while the application is pending.
Procedure
A German patent application must be submitted to the DPMA in writing or, equivalent, electronically and in other appropriate form. This can be done as a direct new application or as a continuation of a PCT application.
The right of priority also applies to DE registrations. You can take and give priorities.
The search request can be made for a DE application simultaneously with filing or later. In return, the applicant receives a search result , which can also contain an examiner's opinion on the patentability of what is claimed.
The request for examination for the substantive examination of the application must be submitted no later than seven years after the filing date of the DE application. If it is made, it contains the research request.
If the search request or the request for examination is made immediately with the filing of the application, the Office should carry out the search within eight months and notify the applicant of the result so that he has a basis for deciding on further applications within the priority year.
The official publication takes place 18 months after the seniority of the application. From then on, the contents of the file can be viewed online in the DPMA's patent register.
In response to the request for examination, the examination procedure in the narrower sense begins with a written exchange between the office and the applicant for the formulation of the patent applied for and a discussion of the patentability of the claimed invention, which ends sooner or later with the decision to grant the patent or a decision to reject it by the DPMA. In particular, the criteria of clarity, disclosure of changes to the application, uniformity , novelty and inventive step are discussed. A hearing may also take place during the examination process .
If all the complaints can be resolved, the responsible examiner issues the so-called patent granting decision, otherwise a rejection decision, which is appealable.
Others ("third parties") can use so-called "third party entries" to convey their opinion on the quality of the DE application to the office. However , you can only file a formal objection after the patent has been granted.
In the proceedings for a German patent application, the applicant can be represented, for example by a patent attorney .
costs
There are official fees for a German patent application. If a representative is hired, his fees must also be paid.
The official fees for a DE application initially include the application fee (€ 60 if the application is submitted electronically). The examination fee must be paid in due time (€ 350 or € 150 if a search has already been requested). From the beginning of the third year, annual fees must also be paid (€ 70 for the third year, increasing thereafter - as of April 2019).
The costs of the possibly commissioned representative depend on the agreements between the client and the representative.
Web services
A German patent application can also be accessed in the context of its patent family and other publications via the " DEPATIS " service maintained by the DPMA .
For published DE applications, all published file contents can be accessed via the DPMA register as soon as they are received by the office.
The DPMA has an information brochure for patents.
Web links
- Website of the German Patent Office
Individual evidence
- ^ Text of the Patent Act
- ↑ Registration Ordinance A of the DPMA
- ^ Text of the Patent Costs Act
- ↑ Text of the Law on International Patent Conventions
- ↑ DEPATIS service of the DPMA
- ↑ Register of the DPMA
- ↑ Information brochure on patents of the DPMA
