Patents |
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Germany |
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(Europe)
Firm
Noerr
Contributors
Alexander Birnstiel |
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| Which patent-related international treaty is your country is a member of? | Germany belongs to the following patent-related international treaties:
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| What kinds of protection is available for inventions? | Inventions protections available in Germany include:
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| What kinds of subject matter (as such) are excluded from patent protection? | The following subject matter is excluded from patent protection in Germany:
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| What are the documents and information required for filing a national patent application? | Documents and information required for filing a national patent application in Germany:
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| Is it possible to request early publication or a deferment of publication? | Yes, it is possible to request early publication or deferment of publication in Germany. |
| Does the applicant have a provisional right upon the publication of an application? | Yes, the applicant has a provisional right upon publication of an application in Germany. This is subject to the final grant of the patent. |
| When is it possible to file a voluntary amendment to specification? | It is possible to file voluntary amendments in Germany at the following times:
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| Is it required to file a request for substantive examination? | Yes, it is required to file a request for substantive examination in Germany. This should be filed within seven years after filing the application. |
| Is there a third-party opposition procedure upon publication or after grant? | Yes, there is a third-party opposition procedure upon publication or after grant in Germany. |
| What is the time period from application to grant for a straightforward application (no office actions or oppositions)? | The time period from application to grant in Germany is between 2-3 years. |
| Is there any process for accelerated examination of application? | Yes, there is a process for accelerated examination of an application in Germany. The patent application must be filed under the Global Patent Prosecution Highway ("GPPH") program. |
| To maintain the validity of patent, is it required to pay an annuity in your country? | Yes, it is required to pay an annuity to maintain the validity of a patent in Germany. |
| Is late payment of annuity permissible? | Yes, late payment of an annuity is permissible in Germany. This can be paid until the end of the second month after the due date. If the annuity is not paid within this period, the annuity can still be paid until the end of the sixth month after the due date with a late payment surcharge of EUR 50. |
| What are the available enforcement methods in your country? | Available enforcement methods in Germany include:
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| Are there any peculiarities in the system of protection for a patent in your country, of which it is important for clients to be aware? | In the German patent litigation system, the issue of patent infringement and of patent validity are dealt with by different courts (“bifurcation system”). |
Patents
Germany belongs to the following patent-related international treaties:
- Paris Convention
- Patent Cooperation Treaty ("PCT")
- TRIPS
- Strasbourg Agreement on the International Patent Classification ("IPC") system
- Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
- European Patent Convention ("EPC")
Inventions protections available in Germany include:
- Utility models
- Other: Patents
The following subject matter is excluded from patent protection in Germany:
- Methods of medical treatment or diagnosis
- Computer programs
- Business methods
Documents and information required for filing a national patent application in Germany:
- Name and address of the applicant(s)
- Name and address of the inventor(s)
- Specification (description, claims and drawings)
- Abstract
- Other: Domestic and foreign priorities, copies of foreign prior applications
Yes, it is possible to request early publication or deferment of publication in Germany.
Yes, the applicant has a provisional right upon publication of an application in Germany. This is subject to the final grant of the patent.
It is possible to file voluntary amendments in Germany at the following times:
- At the time of requesting examination
Yes, it is required to file a request for substantive examination in Germany. This should be filed within seven years after filing the application.
Yes, there is a third-party opposition procedure upon publication or after grant in Germany.
The time period from application to grant in Germany is between 2-3 years.
Yes, there is a process for accelerated examination of an application in Germany. The patent application must be filed under the Global Patent Prosecution Highway ("GPPH") program.
Yes, it is required to pay an annuity to maintain the validity of a patent in Germany.
Yes, late payment of an annuity is permissible in Germany. This can be paid until the end of the second month after the due date. If the annuity is not paid within this period, the annuity can still be paid until the end of the sixth month after the due date with a late payment surcharge of EUR 50.
Available enforcement methods in Germany include:
- Civil enforcement
- Criminal enforcement
- Border measures
In the German patent litigation system, the issue of patent infringement and of patent validity are dealt with by different courts (“bifurcation system”).