申请流程 Application Process Flow
发明专利申请流程 Invention
German Patent and Trademark Office
English: German Patent and Trade Mark Office, abbreviation: DPMA
Website: www.dpma.de
German invention patent search: DEPATISnet | Basic search (dpma.de)
Germany currently adopts a 13-digit patent application number coding rule:
【Patent Type】+【Application Year】+【6-digit Serial Number】+【.】+【Check Code】
- The rules apply to invention patents, utility models, layout design applications and supplementary protection certificates from January 1, 2004, and apply to trademark and design applications from January 1, 2008. The type codes are as follows:
- 10: German invention patent application
11: PCT application designating Germany
12: Supplementary Protection Certificate
20: Utility model application
21: Utility model applications derived from PCT applications
22: Layout Design Application
30: Trademark Application
40: Design application
41: Typography
50: The German part of the European Patent in German
60: German part of the European patent in English or French - The 6-digit serial number starts from 000001 every year, and the number after the decimal point is the check code. The calculation method of the check code is:
- 1. Multiply each number in the serial number from right to left (one, ten, hundred, thousand, ten thousand, etc.) by 2, 3, 4, 5, 6, etc. (arithmetic sequence) and add them;
- 2. Divide the number from step 1 by 11 to get a remainder.
- 3. Subtract the remainder obtained in step 2 from 11, which is the final check code.
Filing Language: German | |
| via Paris Convention | via Nationalization of PCT |
Necessary documents:
| Necessary documents:
|
Attachments (if any)
| Attachments (if any)
|
20 years
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
- Validation of European Patent in EPO member states: within 3 months from the date of grant of the European patent.
DPMA conducts formality examination and substantive examination of invention patent applications. After the DPMA receives the patent application, it will conduct a formality examination of the invention patent application, and examine whether it is obviously against public morals, and classify the patent application according to the international classification standard. 18 months from the filing date/priority date, the DPMA completes the publication of the patent. If a patent application contains information or drawings that are clearly contrary to public morals, the DPMA will avoid publication of the patent application. Any person/applicant should submit a request for substantive examination within 7 years from the filing date/priority date at the latest, and pay the prescribed examination fee. DPMA will conduct novelty, industrial applicability and inventiveness examination on the patent application in accordance with the German Patent Law. If the requirements of the Patent Law are not met, the patent application will be rejected. If the requirements of the Patent Law are met, the patent application will be granted and announced. If no opposition occurs within 9 months from the date of grant, the patent will be protected for a maximum period of 20 years.
A 6-month novelty grace period is available for disclosures resulting from the presentation of inventions and creations at official or officially recognized international exhibitions, or malicious disclosures by third parties.
If a request for substantive examination is filed and pay the prescribed examination fees at the same time as the application is filed, and no extension request is filed, the patent procedure will be completed in an average of 2.5-3 years.
- Grant Fee: None.
- Annuity: Annuity will be paid year by year starting from the 3rd year from the filing date, and the deadline is 2 months after the filing date of each year, with a 6-month late payment period and a penalty of 50 euros.
Restoration of priority will not be accepted.
No
No
实用新型申请流程 Utility Model
German Patent and Trademark Office
English: German Patent and Trade Mark Office, abbreviation: DPMA
Website: www.dpma.de
German Utility Model Patent Search: DEPATISnet | Basic search (dpma.de)
Germany currently adopts a 13-digit patent application number coding rule:
【Patent Type】+【Application Year】+【6-digit Serial Number】+【.】+【Check Code】
- The rules apply to invention patents, utility models, layout design applications and supplementary protection certificates from January 1, 2004, and apply to trademark and design applications from January 1, 2008. The type codes are as follows:
- 10: German invention patent application
11: PCT application designating Germany
12: Supplementary Protection Certificate
20: Utility model application
21: Utility model applications derived from PCT applications
22: Layout Design Application
30: Trademark Application
40: Design application
41: Typography
50: The German part of the European Patent in German
60: German part of the European patent in English or French - The 6-digit serial number starts from 000001 every year, and the number after the decimal point is the check code. The calculation method of the check code is:
- 1. Multiply each number in the serial number from right to left (one, ten, hundred, thousand, ten thousand, etc.) by 2, 3, 4, 5, 6, etc. (arithmetic sequence) and add them;
- 2. Divide the number from step 1 by 11 to get a remainder.
- 3. Subtract the remainder obtained in step 2 from 11, which is the final check code.
Filing Language: German | |
| via Paris Convention | via Nationalization of PCT |
Necessary documents:
| Necessary documents:
|
Attachments (if any)
| Attachments (if any)
|
10 years
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
- Validation of European Patent in EPO member states: within 3 months from the date of grant of the European patent.
The DPMA conducts only formality examination only for utility model applications.
A 6-month novelty grace period is available for disclosures resulting from the presentation of inventions and creations at official or officially recognized international exhibitions, or malicious disclosures by third parties.
- Grant Fee: None.
- Annuity: Annuity should be paid three times in the 4th year, 7th year, and 9th year from the filing date.
4.2 months
No
No
No
外观设计申请流程 Design
German Patent and Trademark Office
English: German Patent and Trade Mark Office, abbreviation: DPMA
Website: www.dpma.de
German design patent search: DEPATISnet | Basic search (dpma.de)
Germany currently adopts a 13-digit patent application number coding rule:
【Patent Type】+【Application Year】+【6-digit Serial Number】+【.】+【Check Code】
- The rules apply to invention patents, utility models, layout design applications and supplementary protection certificates from January 1, 2004, and apply to trademark and design applications from January 1, 2008. The type codes are as follows:
- 10: German invention patent application
11: PCT application designating Germany
12: Supplementary Protection Certificate
20: Utility model application
21: Utility model applications derived from PCT applications
22: Layout Design Application
30: Trademark application
40: Design application
41: Typography
50: The German part of the European Patent in German
60: German part of the European patent in English or French - The 6-digit serial number starts from 000001 every year, and the number after the decimal point is the check code. The calculation method of the check code is:
- 1. Multiply each number in the serial number from right to left (one, ten, hundred, thousand, ten thousand, etc.) by 2, 3, 4, 5, 6, etc. (arithmetic sequence) and add them;
- 2. Divide the number from step 1 by 11 to get a remainder.
- 3. Subtract the remainder obtained in step 2 from 11, which is the final check code.
| Filing Language: German |
Necessary documents:
|
Attachments (if any):
|
The initial period of protection is 5 years, which can be renewed 4 times, each time for 5 years, and the maximum protection period is 25 years.
- via Paris Convention : 6 months from earliest priority date.
- via EU Community Design: 6 months from earliest priority date.
- via Hague Agreement route: 6 months from earliest priority date.
The DPMA conducts only formality examination for German design applications.
If the following situations occur:
- Disclosures made public by the designer or his successor in title
- Or, the designer or his successor of rights to provide information, the disclosure caused by the disclosure of the third party
- Or disclosure caused by third party’s malicious disclosure
The novelty grace period can be enjoyed within 12 months after the first disclosure of the design.
- Grant Fee: None.
- Annuity: four times in the 6th year, 11th year, 16th year, and 21st year from the date of application, and the renewal fee must be paid before the expiration of the validity period.
3-4 months
No
No
Yes. A maximum of 100 designs may be included in one design application if there are at least one design in the same classification.
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