Germany constitutes the largest European market for many industries and a prime target for exports. The German patent is an economical alternative to the European patent when it is sufficient to protect a limited number of countries within Europe. Furthermore, German courts have a proven track record in patent litigation matters, so that German granted patents can often be used quickly and efficiently against possible infringement.
When an invention is submitted to us, we first start by checking its novelty by means of a patentability search. The aim of this search is to determine precisely the prior art that is closest to the invention. To complete the search, a report is established that contains a list of patents and possible articles published by third parties that raise concerns as to the patentability of the invention, as well as our advice for protection.
Nearly half of the inventions that are submitted to us are abandoned in the light of the patentability search report, when the inventors become aware that the prospects of obtaining protection do not justify the costs or efforts. In this case, the patentability search that was carried out enables the applicant to achieve considerable cost savings by avoiding the filing of a useless application.
The patentability search report is also accompanied by one or several suggestions as to the strategy for protecting the invention, taking into account the commercial prospects of the invention, the uncovered prior art and the applicant’s budget.
The text and the drawings of the patent application are then filed with the German Patent Office (DMPA) in Munich with a corresponding request. The formalities department of the DMPA checks formal aspects and gives the application an application number and a filing date.
Within the framework of the examination process, an examiner from the DPMA will examine whether the German patent application fulfils all requirements in terms of patentability, including novelty and inventiveness. This examination procedure begins once the examination fees have been paid, which can be done at the time of filing or within a time period of 7 years at most after the filing date.
German patent applications are published about 18 months after the filing date, or if a priority is claimed, after the date of the oldest priority.
In most cases, the examiner will identify a certain number of defects which in his opinion preclude the grant of a German patent. The main objections raised include lack of novelty, lack of inventiveness or problems of clarity. The examiner in this case will issue an office action (“Prüfbescheid”) in order to communicate these objections to the applicant. The issues raised can be resolved by filing arguments or modifications of the application in order to achieve grant of the patent. New office actions are issued as long as the examiner counters these arguments. It is also possible to request oral proceedings before the DPMA if necessary.
The German patent is granted when the application, possibly amended, fulfils the patentability criteria. A decision to grant is issued wherein the protection granted is defined. This ends any possibility of making further amendments. The patent is published shortly after this decision.
The validity of a German patent is 20 years maximum, provided however that annual maintenance fees are paid each year. The annuities, which increase progressively, must be paid to the DPMA.
The German patent or patent application may cease to produce its effect in one of the following cases:
