Patent registration in Germany. Germany, officially the Federal Republic of Germany, is a country in Central Europe. It is the second-most populous country in Europe after Russia and the most populous member state of the European Union. Germany has a social market economy with a highly skilled labor force, a low level of corruption, and a high level of innovation. It is the world’s third-largest exporter and third-largest importer of goods and has the largest economy in Europe, which is also the world’s fourth-largest economy by nominal GDP. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of patent registration in Germany.
Patent in Germany
A patent in Germany will only be granted for ‘technical invention’.
This means that other subjects will not be patentable in this country, such as:
- A scientific theory;
- A mathematical method;
- A scheme, rule, or method of performing mental acts, playing games or business methods.
Necessary documents for patent registration in Germany
The necessary documents for patent registration in Germany include:
- The request to grant a patent (patent application);
- Detailed information on the applicant(s) including the applicant’s and inventor’s names, addresses, citizenships, etc.;
- A description of the invention;
- A signed and stamped power of attorney by the applicant(s);
- A copy of the amendments (if any);
- Priority documents (if any).
- Other required documents.
A German translation for the priority documents is required.
The procedure of patent registration in Germany
To obtain a patent in Germany, the applicant needs to file their patent application to the DPMA (Deutsches Patent- und Markenamt).
The patent application will go through a formality examination.
However, the request for substantive examination must be filed by the applicant within 7 years from the filing date.
Provided that the fees are paid in full and the invention is patentable, the applicant will be granted the patent certificate.
It should be noted that for a normal patent registration process in Germany, the applicant might have to wait for 30-36 months to be granted a patent. However, this time might prolong dramatically if there are problems during the process.
Once granted, a patent will be valid for 20 years.
Other methods for obtaining patent protection in Germany
In addition to the traditional conventional filing method, applicants who want to obtain patent protection in Germany may also seek other methods such as:
- Filing through the Patent Cooperation Treaty (PCT): If the applicant files an international patent application through the PCT, they will have to acquire patent protection in all 155 PCT member countries, including Germany, which has a 30-month deadline.
- Filing through the European Patent Office (EPO): As Germany is part of Europe, the applicant may file a regional application to protect their invention in all EPO member states, including Germany. This method is far more cost-effective and time-reduction than traditional filing.
- Filing using the Paris Convention: If the application has already acquired protection in other countries that are part of the Paris Convention, they may claim the priority date in Germany to have a faster registration process.
You can see a list of German IP firms here.