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Patent Filing in Germany

Germany is a member of both PCT and Paris Convention. Patent application can be filed in Germany either by the route of PCT or by filing directly as a conventional application.

Term of patent: 20 years from the date of filing of the international application. Patent Office: Germany Patent Office/ European Patent Office

 

Paradigm to obtain a patent in Germany:-
  • Filing of patent application
  • Search report
  • Request for Examination
  • Publication of the application
  • Compliance with the examiners office action
  • Acceptance (Notice of Allowance) or rejection.
  • Payment of the Issue Fees.
Documents required for filing of Patent Application in Germany

1.PCT National Phase patent filing

  • WIPO publication
  • International search report
  • International preliminary examination report (chapter II)
  • German translation of the specification and priority documents
  • Power of Attorney

2.Conventional patent Filing

  • complete specification
  • formal drawing, if any
  • certified copy of the priority document
  • German translation of the specification and priority documents
  • Power of Attorney
Remarks:
  • Germany is automatically designated in a European regional/national phase filing.
  • Excess claims fee: EUR 30 per claim over 10
  • German translation should be filed at the time of filing, no extension is given.
  • Timeline for national phase entry in Germany is 30 months
  • Timeline for conventional filing is 12 months from date of priority