Patent Filing in Germany

Germany is the most Globally renowned Hub of Innovation. Here, you’ll find a short guide on filing procedures, routes and fees for Patent Filing in Germany.

Patent Filing in Germany – Salient Points

• All rules/law/ forms are duly considered reducing any late payment charges.
• Excellent network of associates in all prominent jurisdictions of the world, that too at unbeatable rates.
• Quick turnaround so you do not miss the deadline.
• Accurate docketing, timely actions.
• Curb your competition in international markets
• Increase your company’s valuation with foreign patent portfolio
• End-to-End Packages Available (Fixed Cost from Filing till Decision) – Upto 70% cost savings.
• Support beyond prosecution. Finding partners, investors, distributors, buyers, etc.

Package Includes: Advisory related to filing application based on budget or business strategy or prospective partnerships; Preparing and filing applications for the specific jurisdictions; Drafting response to examination reports issued by the patent office; Obtaining foreign filing license.

Patent Filing Routes in Germany

In order to get a patent in Germany, there are 4 routes:

1.     Direct Filing with DPMA

• This route allows you to file a patent application with the German Patent and Trademark Office (DPMA).
• If granted, the patent shall be valid in Germany only.

2.     International Filing via Patent Cooperation Treaty (PCT)

• The PCT route allows you to file a single patent application simultaneously in a number of countries.
• PCT has 152 Contracting States and is administered by World Intellectual Property Organisation (WIPO).
• The granting of a patent in Germany remains under the control of the DPMA, i.e “national phase”.

3.     Filing in EU via European Patent Convention (EPC)

• The EPC route allows you to file a patent application with the European Patent Office (EPO).
• EPC has 38 contracting states.
• The granting of a patent in Germany remains under the control of the DPMA.

4.     Filing via Euro-PCT

• This is an extension to PCT only, with the exception that the procedure focuses on the elements specific to the PCT procedure before the EPO.
• The provisions of the PCT and its Regulations (“the PCT Rules”) apply, supplemented by the provisions of the EPC.
• In case of conflict between the provisions of the EPC and the PCT, the PCT prevails.
• The granting of a patent in Germany remains under the control of the DPMA, i.e “national phase”.

Filing Requirements (DPMA): Overview

Your patent application must include:

• A technical description of the invention (including a list of reference signs, if need be)
• Patent claims
• Drawings (if necessary)
• An abstract
• The designation of the inventor
• Official Language: German
• For applications in English or French, the certified German translation of the application must be provided within 12 months from filing the application or within 15 months from the earliest priority date.
• If the application is filed in any other foreign language, the certified German translation must be provided within 3 months from filing.

Filing Options (DPMA)

You can file your application offline with the DPMA or use the e-filing system.

Offline Filing

You can mail your application at the following address:

Deutsches Patent- und Markenamt
Zweibrückenstraße 12
80331 München, Germany

E-filing

You need the DPMAdirektPro application software in order to create and validate the application documents.

The same route can be used to file a European (transmission to the EPA) or international (transmission to WIPO) patent application with the DPMA.

Patent Fees: Overview

For more information, visit Information Concerning Costs, Fees, and Expenses of the German Patent and Trade Mark Office.