- European
The German and Federal German Patent Law was the first patent law enacted in Germany in 1877. The current Patent Law was promulgated in 1968 and revised in 1977 and 1980. The current patent law protects invention patents. There are special regulations to protect utility models and exterior designs.
In patent examination, the Federal Republic of Germany adopts an early open deferred examination system. After early disclosure, there is a temporary protection period of 7 years, during which the applicant can make a decision on whether to submit their application for substantive examination. Regarding the objection procedure.
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Patent type
1. Invention patent: 20 years from the date of application
2. Utility model patent: 10 years from the date of application
3. Industrial design patent: 25 years from the date of application -
Patent application language
German
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Patent regulatory authority
German patent and trademark office
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Patent application pathway
Applicants can submit their applications directly to the German Patent and Trademark Office. In the case of claiming priority, according to the Paris Convention for the Protection of Industrial Property, an application must be submitted to the German Patent and Trademark Office within 12 months of submitting the prior application in China.
In addition, it is also common to enter Germany through the PCT (Patent Cooperation Treaty) pathway. The deadline for PCT applications to enter Germany is 30 months from the earlier priority date.
Including preliminary examination and substantive examination.
Additionally, it is worth noting that German invention patent applicants can separate German utility models, with the same filing date and priority date as the invention patent application. The separation period is within two months from the end of the invention patent application process (such as when the application is withdrawn, deemed withdrawn, or rejected) or the end of the opposition process, but must be within ten years from the filing date. When the German utility model is separated from the invention patent application, the original invention patent application process continues without being affected.
