Contact IIPLA today for Fees associated with national phase entry applications in Germany.
Deadline for entering the PCT national phase in Germany
The German national phase entry deadline is 30 months from the priority date. Restoration of this time is not possible.
Filing requirements in Germany
The official language of proceedings before the German Patent Office is German. The German patent office does not allow the submission of a PCT national phase entry application in any other foreign language.
For the national phase entry in Germany, it is necessary to provide the patent office with
- At least application materials in German as well as
- A request to grant a patent.
The POA should be submitted only in case the representative is not a German Patent Attorney. The legalization or notarization of the POA is not necessary.
The applicant must designate the inventor(s) and confirm that to his knowledge, and no other person has contributed to the invention. The inventor names have been filed as in the international application. Correction of the inventors can, of course, be filed at any stage with the German Patent and Trademark Office.
If you wish us to proceed with the correction of the inventor’s name, please also clarify whether the name of the inventor who is also the applicant should be changed—I.e. whether also the applicant’s name should be changed.
Examination of a PCT national phase patent application in Germany
In Germany, Patent applications undergo formal and substantive examinations. The request to carry out a substantive examination must be filed within seven years from the international filing date.
Novelty grace period
As per the German legislation, the patent office does not disapprove the novelty of the invention disclosed within six months prior to filing if:
– disclosed by any person without the approval of the applicant.
– it’s first exhibited at an international exhibition sponsored or recognized by the German Government
The exhibition must fall within the terms of the Convention on international exhibitions signed in Paris on November 22, 1928.
Grant, validity term and maintenance fees
The validity of a patent in Germany is 20 years from the date of filing. The annual fees are a year from the third one and should be paid the last day of the month before the anniversary of the international filing date.
If the fee is not paid before the expiry of the 2nd month from the due date, then there will be an additional fee of EUR 50 paid before the expiry of the six months from the due date.
Duration of the registration procedure
In Germany, the average processing time for patent registration is two-three years.
In Germany, it is possible to obtain utility model protection.
Utility Models shall be granted for new and practical technical solutions relating to the shape, size, and structure of a product which are fit for commercial use.
The maximum protection period of a utility model in Germany is ten years from the international filing date.
Representation by a patent attorney
Foreigners who wish to perform national phase entry in Germany should appoint an agent, a German patent attorney officially registered before the German Patent and Trade Mark Office.
If you have any queries related to the National Phase Entry in Germany, please contact IIPLA team. We will be more than happy to resolve your queries free of cost.
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