Patent

Germany

BASIC FACTS

Patent Protected
Product Patent and Process Patent
Patentable Inventions as per Patent Act
"To be patentable an invention must be new, involve an inventive step and be susceptible of industrial application."
Inventions not Patentable
15d80c0961f9f01568718998@_Worksheet_in_Germany_Patent.xlsx
Non-Convention Application
Yes
Convention Application
Yes
PCT National Phase Application
Yes
Divisional Application
Yes
Patent of Addition
No
Patent of Importation (Patent of Introduction)
No
Others
No
Utility Model Protection is provided under Patent
Yes
Type of Application
Convention Application and Non-Convention Application
Time Period
30 Months
Extended Deadline
N/A
Patent of Invention
20 Years
Utility Model Patent
10 Years
Design Patent
N/A
Extension of Foreign Patent
N/A
Exceptions (e.g. Pharmaceutical Patents)
N/A

PROSECUTION

Basic Number of Pages
N/A
Basic Number of Claims
N/A
Basic Number of Dependent Claims
N/A
Basic Number of Independent Claims
N/A
Types of Claims
Product-by-Process
Invention Specification
N/A
Language of Specification
German
Translation required
Yes
Due date to file the translation
If the application is filed in English or French, the translation must be subsequently submitted within 12 Months from the date of filing, but not later than 15 Months from priority date. If the application is filed in another foreign language, the transl
Power of Attorney (In case of individual applicant, copy of passport is required)
Signed
Deed of Assignment
Signed
Priority Document, with required translation
Certified
Incorporation Certificate, with required translation
No
Home / Foreign Registration Certificate, with required translation
No
International Search Report (ISR), in case of PCT
No
International Preliminary Examination Report (IPEA), in case of PCT
No
Declaration of Ownership
No
Declaration of Nationality
No
Copy of Inventor's Passport
No
Other Documents
No
Applicability of Examination
Mandatory
Time of Examination
Pre-Publication
Time Frame from the Date of Application
2 Months
Deadline to File the Reply
2 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months
Time Frame for Issuance of Decision
N/A
Applicability of Examination
Mandatory
Time of Examination
Pre-Publication
Time Frame from the Date of Application
7 Years
Deadline to File the Reply
2 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months
Time Frame for Issuance of Decision
2- 3 Years
Applicability of Examination
Yes
Time of Examination
Post-Publication
Time Frame from the Date of Application
6 Months (approx)
Deadline to File the Reply
4 Months
Permissible Extension to File the Reply
No
Period of Permissible Extension
N/A
Time Frame for Issuance of Decision
2-3 Years
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
"18 Months from the Priority Date"
Applicability of Publication
No
Time Frame of Publication from Date of Acceptance
N/A

OPPOSITION

Applicability of Opposition
Yes