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COUNTRY : FEDRAL REPUBLIC OF GERMANY
CAPITAL : BERLIN
LANGUAGE : GERMAN
The German Patent and Trade Mark Office (DPMA) is the central authority in the field of industrial property protection in Germany
Protection to Inventions is provided at a two tier level in Germany:
- THROUGH NATIONAL REGISTRATION. Direct Filing with the National Patent & Trademark office.
- THROUGH EUROPEAN PATENT CONVENTION.
Kindly refer our guide on the Europen Patent Convention procedures.
INTERNATIONAL TREATIES TO WHICH GERMANY IS SIGNATORY
i) Paris Convention for the protection of industrial property
ii) Patent Co-operation Treaty PCT.
iii) Agreement on Trade Related Aspects of Intellectual Property Rights TRIPS.
iv) European Patent Commission.
PATENT LEGISLATION IN GERMANY:
- Germany follows the Civil Law system
- Patents in Germany are governed by: Patent Law 1998
Patents in Germany may be granted by:
- German Patent Office
- European Patent office at Munich
BASICS REGARDING PATENTABILITY OF INVENTIONS IN GERMANY:
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
- Are New or Novel
- Involve an inventive step
- Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of the patent application.
(ii). Inventive Step: An invention is said to contain an inventive step if for “a man skilled in the art it does not yield results in an obvious way from the state of the art”.
(iii). Industrial Application: of the invention would be “when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture”.
INVENTIONS NOT PATENTABLE IN GERMANY:
Inventions pertaining to the following:
- Discoveries, Scientific Theories & Mathematical methods.
- Aesthetic creations.
- Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
- Programmes for Computers.
- Inventions contrary to public order & morals.
- Methods of treatment on humans and animals.
- Plant or Animal varieties or Bio processes for the production of plants or animals.
- Processes for cloning, modifying genetic identity of human beings
- Usage of human embryos for industrial purposes.
- Sequencing human genes.
- Human body and it’s various stages of formation, development.
- Methods for modifying genetic identity of animals likely causing them suffering without any substantial medical benefit to either man or animal, animals resulting from such processes.
PartityPatents Law Firms through its associates in Germany is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN GERMANY:
(i). Application to be filed in German or translation provided accordingly.
(ii). Nationality of the applicant.
(iii). Name & Address of the applicant.
(iv). Description of the invention.
(viii). Title of the invention ,
(ix)Prior state of the art, & the Technical area of the invention.
(x) A Request for grant of patent
EXAMINATION OF THE PATENT APPLICATION IN GERMANY:
- Once the patent application is filed, the application is scrutinised for defence & atomic energy aspects along with formality and substantial examinations.
- Upon receipt, patent application is scrutinised for formality requisites, any deficiencies are to be rectified by the applicant within specified period of time.
- Patent application is published to which interested third parties may file their opposition.
- Patent application is substantively examined to determine patentability.
- Application in compliance with all requisites, no objections / opposition forthcoming is registered and patent granted.
Post Patent grant by the European Patent Office (EPO), Patent needs to be validated in the member country as designated on the Patent application.
Patent Validation comprises of certain formalities and requirements per national laws of the designated country.
Parity Patent Attorneys and Associate Law Firms in Germany are at hand to help and assist you with Patent Validation.
RIGHTS OF THE PATENTEE IN GERMANY:
TERM AND KINDS OF PATENTS GRANTED IN GERMANY:
Patents with a term of 20 yrs.
Utility patents with a term of 10 yrs.
- Patents confer on holders and successors exclusive rights to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties.
- Patentee may authorise the working of the patent either by a manufacturer or by an importer.
- Patentee may even assign or licence the patent.
COMPULSORY LICENCES OF PATENTS IN GERMANY:
Compulsory Licenses are granted in Germany by Patent Courts in individual cases when:
(i). The applicant for a license has unsuccessfully endeavoured during a reasonable period of time to obtain the patentee’s consent to exploit the invention under reasonable conditions usual in trade.
(ii). Public Interest commands the grant of a compulsory license.
(iii). Depandent claims are involved, wherein the applicant cannot exploit invention of a later date without infringing the patentee’s earlier invention.
(iv). Compulsory licenses may be granted for a patented invention in the field of semi conductor technology only if such grant is necessary to remove anti-competitive practices on the part of the patentee that might have occurred during judicial or administrative proceedings.
(v). The patented invention is not adequately used in Germany, compulsory licenses may be granted to ensure adequate supply of the patented products to the domestic market.
(vi). A compulsory license in a patent may only be transferred together with the enterprise concerned for the exploitation of the invention.
(vii) National security and such other circumstances arise.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Germany, can assist you comprehensively with Compulsory Licence matters.