PATENT FILING IN GERMANY

In Germany, grant of patents is done by German Patent and Trademark Office (also known as Deutsches Patent- und Markenamt; abbreviation: DPMA). It was formed on 1st July 1877. Patents granted by DPMA are only effective in the Federal Republic of Germany. For obtaining patents in other countries, an international  application has to be filed under PCT or individual applications have to be filled in each country. GPF can assist in efficiently and promptly, using accurate translations, filing patent applications. GPF along with Khurana and Khurana, Advocates and IP Attorneys  (K&K) has tremendous experience in dealing with Patent Filing/Prosecution as per German Patent Laws, and can assist in hand-holding through the complete prosecution lifecycle of a Patent.

 

High Level Cost Estimate for Filing
Description
Price
Official Fee
€ 40
Attorney Fee
€ 400
Total
€ 440
Documents Required
  • Details of PCT application.
Filing to Grant Procedure
1
STEP 1 : FILING

A patent can be filed in Germany as any of the following formats:

  • Paris convention based national entry.

  • PCT national phase based national entry.

Filing to be done in German.

2
STEP 2 : PUBLICATION

Publication of German patents is done within 18 months of priority date.

3
STEP 3 : EXAMINATION

Request for examination has to be made within 7 years from the international filing date in Germany.

4
STEP 4 : PROSECUTION

At the time of examination, the Patent Office will issue the Examination Report (FER) / Office Action with a set of objections/requirements response to which must be filed within 6 months from the date of issue of the FER.

5
STEP 5 : GRANT

Annuity for 2’nd year onwards is to be paid after grant of the Patent. Protection of the Patent is for 20 years from the International Filing Date.