engine of the world
From Germany's point of view, China is the closest partner with Germany. Since 2016, China has replaced the United States as Germany's largest trading partner. At the same time, China is also the most important market for many German DAX index companies. German Volkswagen in China New cars sold account for about 40 percent of the global problem.
At the same time, from the perspective of China, Germany is also China's most important trading partner in the EU. In the fields of automobile, mechanical engineering, chemical industry, electrical engineering, life science and environmental protection, more and more Chinese enterprises are willing to acquire technology-intensive enterprises in Germany , In March 2016, Beijing Enterprises Holdings Co., Ltd. acquired all the shares of EEW, a German waste energy utilization company, for 1.43 billion euros. In July, the Chinese company Midea acquired the German robotics company KUKA, which indirectly holds 94.55% of the shares of KUKA.
China has long had a good impression of Germany, and German industry has won the recognition of the Chinese people with its high-precision manufacturing and good market reputation. In China, there are many legends about the high quality and durability of German products. Germany has a solid industrial base, with highly skilled labor, large equity capital, low levels of corruption, and high levels of innovation. Germany is the largest economy in Europe and one of the countries with the highest labor productivity in the world. It has a well-structured, well-defined and coordinated scientific research system. Key scientific and technological fields include basic research, applied research, information and communication technology, biotechnology, health, environmental protection, new materials, energy, transportation, aerospace, ocean, earth science, national defense, etc. Over the past 45 years, Sino-German relations have developed into a diverse, significant and increasing political entity, peaceful and good. As of the end of 2019, Germany had invested in a total of 10,689 projects in China, with an amount of US$34.77 billion, while China’s accumulated investment stock in Germany’s entire industry reached US$14.94 billion. Behind all these bilateral trades is the support of a large amount of intellectual property protection. Today we will take a look at the German patent system.
Introduction to the German Patent System
1. Paths for Chinese applicants to apply for patents in Germany
Paris Convention, PCT International Application Entry into Europe, Direct Application
2. Review unit
The German Patent Office, DPMA, was established in 1877. It is the largest national patent office in Europe. It belongs to the Federal Ministry of Justice. It is headquartered in Munich and has offices in Berlin (Technical Information Center) and Jena, with a total of 2,556 employees. Currently ranked fifth internationally. DPMA's public database is a huge technological development information repository. The DEPATISnet network service was opened in 2001. Users can obtain 280 million patent documents worldwide by fax. From October 2006, new DPMA patents and trademarks The online application system (PaTrAS2.1 software) has been fully upgraded, and German and European patent applications, PCT applications, trademark applications, patent and trademark appeals and oppositions have all been submitted online.
3. Submit your application
1) Time limit requirement: DPMA recognizes priority restoration. Under the revised patent law that will come into force on May 1, 2022, PCT applications can be extended to 31 months to enter the German national phase.
2) The application text can be submitted in any language, but the German text must be submitted within 3 months from the filing date.
3) Patent applications can be filed by post, fax, DPMAdirektPro and DPMAdirektWeb programs, and by personal delivery. (Facsimile method is not suitable for submitting design patent applications)
4. Formal examination
DPMA examines the application documents ex officio and confirms the filing date.
5. Disclosure procedure
Patent applications will be published 18 months from the priority date/filing date.
6. Substantive examination and granted
Within 7 years from the filing date/priority date, the applicant or any third party may submit a request for substantive examination to DPMA. After DPMA considers that the application meets the granted conditions, it will issue an granted ruling and then issue an granted announcement.
7. Invention can be separated ("Abzweigung") to create a utility model
Before the end of the invention application process or within 2 months from the end of the opposition process, and within 10 years from the filing date, the applicant can separate the utility model from the invention patent application, and the original invention patent application process will continue , are not affected.
8. Supplementary Protection Certificate System (SPC, Supplementary Protection Certificate)
As a member of the European Union, Germany can enjoy the EU's patent supplementary protection certificate system to compensate for the market monopoly power that new drugs do not enjoy during the development and approval process. The maximum protection period of SPC is 5 years, and children's medication can be extended for another 6 months.
Advantages of German patents
1. A patent protects a product, design or process from being imitated by competitors for 20 years. It provides protection for companies investing huge development funds during the validity period of exclusive marketing rights.
2. The protection of innovative enterprises enhances the competitiveness of individual enterprises and German locations, and consumers also benefit from innovative products.
3. Make good use of the utility model system in Germany to obtain patent protection faster.
Friendliness to Chinese applicants:
★★★★★
Gold content of patent rights:
★★★★★
The degree of perfection of the rights protection mechanism:
★★★★★
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