DE - Germany
German Patent and Trade Mark Office

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.
In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).
List of abbreviations used in this document:
Office: German Patent and Trade Mark Office
PatG: Patent Act [Patentgesetz]
GebrMG: Utility Model Act [Gebrauchsmustergesetz]
IntPatÜbkG: Act on International Patent Conventions [Gesetz über internationale Patentübereinkommen]
PatKostG: Patent Costs Act [Patentkostengesetz]
PatKostZV: Ordinance on Payment of Patent Costs of the German Patent and Trade Mark Office and the Federal Patent Court [Patentkostenzahlungsverordnung]
DPMAV: Ordinance concerning the German Patent and Trade Mark Office [Verordnung über das Deutsche Patent- und Markenamt]
List of currencies used in this document:
EUR (Euro)
Countries and Offices information:
The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.
Office profile
For more technical information about the Office, refer to ePCT Office profile.
PCT Reservations, Declarations, Notifications and Incompatibilities
Rule 20.8(a), Rule 20.8(a-bis), Rule 20.8(b), Rule 20.8(b-bis), Rule 23bis.2(b), Rule 26bis.3(j), Rule 4.9(b), Rule 49.6(f), Rule 49ter.1(g), Rule 49ter.2(h)
Refer to the full list.
PCT Rule 20.8(a-bis), The Offices (in their capacity as receiving Offices) of the States listed in this table have notified the International Bureau (IB) that new PCT Rules 20.5bis(a)(ii) and 20.5bis(d), are not compatible and/or cannot be considered to be compatible with the national law applied by the Office, or are deemed to have notified the IB of this incompatibility on the basis of a notification made under PCT Rule 20.8(a) that remains in effect.
PCT Rule 20.8(b-bis), The Offices (in their capacity as designated Offices) of the States listed in this table have notified the International Bureau (IB) that PCT Rules 20.5bis(a)(ii) and 20.5bis(d), are not compatible and/or cannot be considered to be compatible with the national law applied by the Office, or are deemed to have notified the IB of this incompatibility on the basis of a notification made under PCT Rule 20.8(b) that remains in effect.
Office Closed dates
Munich Office is closed weekly on Saturday and Sunday
Jena Office is closed weekly on Saturday and Sunday
Berlin Office is closed weekly on Saturday and Sunday
Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:
Germany
Two-letter code:
DE
DE
Name of Office:
German Patent and Trade Mark Office
Location:
Zweibrückenstrasse 12
80331 München
Germany
Mailing address:
80297 München
Germany
Telephone:
(49-89) 2195-0
Customer Care and Services
(49-89) 2195-1000
E-mail:
info@dpma.de
Website:
Facsimile:
(49-89) 2195-2221
Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
Yes, by facsimile
Which kinds of documents may be so transmitted?
All kinds of documents
Must the original of the document be furnished in all cases?
Yes, within 14 days from the date of the transmission, if the transmitted document is the international application or a replacement sheet containing corrections or amendments of the international application
No, only upon invitation in the case of other documents
Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?
No
Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?
No
Competent receiving Office(s) for international applications filed by nationals or residents of this State:
DE
DE
, 
EP
EP
, 
IB
IB
Does national legislation restrict the filing of international applications with foreign Offices?
Yes
Filing restrictions apply to:
Applications containing State secrets
Act on International Patent Conventions, Article III, Section 2 and Patent Act, Section 52
Competent designated (or elected) Office(s) for this State:
National protection: DE
European patent: EP
Types of protection available via the PCT:
National:
Patents
Utility models (a utility model may be sought instead of or in addition to a national patent)
European:
Patents
Availability under the national law for an international-type search (PCT Article 15):
None
Provisional protection after international publication:
Where the designation is made for the purposes of a national patent:
The applicant may, from the date of publication in German (of the international application or of a translation thereof), claim from any person who uses the subject of the application, although he knew or should have known that the invention used by him was the subject of the application, compensation appropriate to the circumstances. The applicant is not entitled to enjoin the use of the subject of the application. However, no claim for compensation is provided for if the subject of the application is obviously unpatentable (refer to Section 33, paragraph 2 of the Patent Act [PatG] and Article III Section 8 of the Act on International Patent Conventions [IntPatÜbkG]).
Where the designation is made for the purposes of a European patent:
(1) International application published in one of the EPO official languages: compensation appropriate to the circumstances, on condition that the national requirements (that a German translation of the claims in the application be published or transmitted to a possible user) have been met (refer to Art. II, Sections 1 and 2 of the Act on International Patent Conventions).
(2) International application published in a language which is not an EPO official language: the protection referred to in (1) does not become effective until the EPO publishes the translation of the international application supplied to it in one of its official languages and the national requirements referred to in (1) are met.
Information of interest if this Contracting State is designated (or elected)
For national protection
Time when the name and address of the inventor must be given:
May be in the request or may be furnished later. If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
Are there special provisions concerning earlier national applications from which priority is claimed and what are the effects of these provisions?
Article III, Section 4(4) of the Act on International Patent Conventions provides that the filing of an international application designating Germany and claiming the priority of an earlier national patent application or utility model application filed with the German Patent and Trade Mark Office shall have the result that the earlier national application is deemed withdrawn upon entry into the national phase of the international application. However, this will only take effect if the national application whose priority is claimed relates to the same kind of protection as the international application (e.g. patent/patent). Pursuant to Article III, Section 4(2) of the Act on International Patent Conventions, the international application enters into the national phase without further action by the applicant, provided the German Patent and Trade Mark Office is both receiving Office and designated Office and the international application has been filed in the German language. In this case, the national filing fee is deemed paid by payment of the transmittal fee (Article III, Section 4(2), last sentence of the Act on International Patent Conventions). Consequently, if the applicant wants to avoid the withdrawal of the earlier national application, pursuant to PCT Rule 4.9(b), he may exclude Germany from the automatic designation or may consider withdrawing the designation of Germany subsequent to the filing of the international application but before entry into the national phase
Are there special provisions concerning the deposit of microorganisms and other biological material?
Yes, refer to Annex L.
For a European patent
Refer to Annex B(EP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:
Germany
Language in which international applications may be filed:
German
Language accepted for language-dependent free text in the sequence listing:
German, 
or German and English
Language in which the request may be filed:
German
Number of copies required by the receiving Office if application filed on paper:
1
Does the receiving Office accept the filing of international applications in electronic form?
Yes, the Office accepts electronic filing via ePCT-Filing
Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”).
Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).
For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 19 May 2022, pages 132 et seq.
Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?
No
Competent International Searching Authority:
EP
EP
Competent International Preliminary Examining Authority:
EP
EP
Fees payable to the receiving Office:
Transmittal fee:
90 EUR
International filing fee:
1,378 EUR
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee per sheet in excess of 30:
16 EUR
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Reductions (under Schedule of Fees, item 4):
Electronic filing (the request in character coded format):
207 EUR
Electronic filing (the request, description, claims and abstract in character coded format):
311 EUR
Search fee:
Refer to
Annex D(EP)
Fee for priority document (PCT Rule 17.1(b)):
20 EUR
Is an agent required by the receiving Office?
No, if the applicant has his residence, principal place of business or an establishment in Germany
Yes, if the applicant has neither his residence, nor principal place of business, nor an establishment in Germany
Who can act as agent?
If an agent is required: any patent attorney, attorney-at-law, or firm of representatives established in Germany and authorized to represent the applicant in proceedings before the Office; 1
any patent attorney or attorney-at-law of a member State of the European Union, of a contracting party to the Agreement on the European Economic Area, or of Switzerland, authorized to either practice in Germany, or to provide temporary services, and empowered to represent the applicant in proceedings before the Office (refer to the Act on the Activities of Patent Attorneys from EU member states in Germany (EuPAG) and the Act on the Activities of European Lawyers in Germany (EuRAG))
If an agent is not required: as mentioned above and any natural person 2
Waiver of power of attorney:
Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).
Has the Office waived the requirement that a separate power of attorney be submitted?
Yes
Particular instances in which a separate power of attorney is required:
If the agent is not:
— a patent attorney or an attorney-at-law admitted to practice in Germany,
— a patent attorney or an attorney-at-law of a member State of the European Union, of a contracting party to the Agreement on the European Economic Area, or of Switzerland, authorized to pursue certain professional activities (refer to the Act on the Activities of Patent Attorneys from EU member states in Germany and the Act on the Activities of European Lawyers in Germany) In case of reasonable doubts regarding the agent’s entitlement to act In case of a common representative
Has the Office waived the requirement that a copy of a general power of attorney be submitted?
Yes
Particular instances in which a copy of a general power of attorney is required:
If the agent is not:
— a patent attorney or an attorney-at-law admitted to practice in Germany,
— a patent attorney or an attorney-at-law of a member State of the European Union, of a contracting party to the Agreement on the European Economic Area, or of Switzerland, authorized to pursue certain professional activities (refer to the Act on the Activities of Patent Attorneys from EU member states in Germany and the Act on the Professional Activities of European Lawyers in Germany)
In case of reasonable doubts regarding the agent’s entitlement to act

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices
Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
For a list of these institutions refer to:
http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf
Notifications related thereto may be consulted under:
http://www.wipo.int/treaties/en/registration/budapest/
Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
http://www.wipo.int/budapest/en/guide/index.html
Time (if any) earlier than 16 months from priority date by which applicant must furnish:
— the indications prescribed in Rule 13bis.3(a)(i) to (iii):
Sections 1(1), No. 3 and 3(2) of the Ordinance on the Deposit of Biological Material [BioMatHintV]:
The name and address of the depositary institution at the time of filing (as part of the application)
Where the applicant requests publication earlier than 16 months from the priority date, the accession number not later than that request
Where the applicant has been notified that a right to inspection of files exists, the accession number, one month from that notification
— any additional indications:
Section 1(1), No. 2, of the Ordinance on the Deposit of Biological Material:
At the time of filing (as part of the application)
Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:
Section 1(1), No. 2, of the Ordinance on the Deposit of Biological Material:
To the extent available to the applicant, relevant information on the characteristics of the biological material
Additional information
Deposits may also be made for the purposes of patent procedure before the German Patent and Trade Mark Office with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (published further in this Annex) and with any scientifically recognized institution that is legally, economically and organizationally independent of the applicant and of the depositor and ensures the proper storage and furnishing of samples in accordance with the Ordinance on the Deposit of Biological Material.
The applicant may request that, until the grant of a patent or for 20 years from the date of filing if the application is refused or withdrawn, a sample shall only be issued to an independent expert nominated by the applicant. The request shall be filed with the German Patent and Trade Mark Office before technical preparations for publication of the international application are considered to be completed.
At the time of filing, the applicant shall give his unreserved and irrevocable authorization to the depositary institution to issue samples in accordance with the Ordinance on the Deposit of Biological Material of 24 January 2005, and shall furnish documentary evidence that the depositor has given an undertaking to that effect, where the biological material has been deposited by a third party.

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:
Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date
Translation of international application required into (one of) the following language(s):
Must be furnished within the time limit applicable under PCT Article 22 or 39(1). A translation of the abstract is not required in case of a utility model application
German
Required contents of the translation for entry into the national phase:
Must be furnished within the time limit applicable under PCT Article 22 or 39(1). A translation of the abstract is not required in case of a utility model application
Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract
Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)
Is a copy of the international application required in particular circumstances?
No
National fees:
Patents
Filing fee:
Must be paid within the time limit applicable under PCT Article 22 or 39(1). The filing fee for entry into the national phase is calculated on the basis of the number of claims in the international application as originally filed, and not as subsequently reduced, if applicable. A subsequent addition of claims may increase the amount of the filing fee. For further general information, refer to:
https://www.dpma.de/english/services/fees/patents/index.html.
— international application with up to 10 claims
60 EUR
— international application with over 10 claims
60 EUR
— for each claim exceeding 10
30 EUR
Annual fee for the 3rd year
It is due on the last day of the month containing the second anniversary (24 months) of the international filing date. If the applicant does not initiate early entry into the national phase, he does not have to pay the third annual fee before the expiration of the 31-month time limit under PCT Article 22(3) in conjunction with national law or 39(1)(b). In that case, the third annual fee shall be paid without surcharge before the expiration of the second month after the expiration of the 31-month time limit. If the third annual fee is not paid within this two-month time limit, the fee may still be paid with a surcharge before the expiration of the sixth month after the expiration of the 31-month time limit.
70 EUR
Utility models
Filing fee
Must be paid within the time limit applicable under PCT Article 22 or 39(1).
40 EUR
Exemptions, reductions or refunds of fees:
No filing fee is payable if the international application was filed with the German Patent and Trade Mark Office as receiving Office. The fee for requesting examination is reduced where an international search report has been established.
Special requirements of the Office (PCT Rule 51bis):
If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
Where the applicant is a legal entity, indication of the name of an officer representing that entity
Declaration concerning the inventor and the right of the applicant to apply for a patent 3
Appointment of an agent if the applicant is not resident in Germany
If the international application is for a patent and a utility model, the translation must be furnished in duplicate
Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in electronic form
Furnishing of any missing indication of the address and residence of each of the applicants
Who can act as agent?
If an agent is required (because the applicant neither has his residence, nor his principal place of business, nor an establishment in Germany): any patent attorney, attorney-at-law, or firm of representatives established in Germany and authorized to represent the applicant in proceedings before the Office 1
Any patent attorney or attorney-at-law of a member State of the European Union, of a contracting party to the Agreement on the European Economic Area, or of Switzerland, authorized to either practice in Germany, or to provide temporary services, and empowered to represent the applicant in proceedings before the Office (refer to the Act on the Activities of Patent Attorneys from EU member states in Germany (EuPAG) and the Act on the Activities of European Lawyers in Germany (EuRAG))
If an agent is not required: as mentioned above and any natural person 2
Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
No

The procedure in the national Phase

DE.01 FORMS FOR ENTERING THE NATIONAL PHASE
The Office has available special forms for entering the national phase (refer to Annexes DE.II (patents) and DE.III (utility models)) which are available on the Office’s website at: http://www.dpma.de/docs/service/formulare/patent/p2009.pdf and http://www.dpma.de/docs/service/formulare/gebrauchsmuster/g6007.pdf. These forms should preferably (but need not) be used.
DE.02 TRANSLATION (CORRECTION)
Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).
DE.03 FEES (MANNER OF PAYMENT)
IntPatÜbkG Art. III, Sec. 4(2), PatKostG Sec. 2 (1), PatKostZV Sec. 1
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex DE.I.
DE.04 DECLARATION CONCERNING THE INVENTOR AND THE RIGHT OF THE APPLICANT TO APPLY FOR A PATENT
PatG Sec. 37
For details, refer to the model of such declaration (not an official form for international applications) in Annex DE.IV. Legalization is not required. For time limits, refer to the Summary.
DE.05 REPRESENTATION
PatG Sec. 25
Any person who has neither a residence nor a principal place of business nor an establishment in Germany may participate in proceedings before the Office if he/she has appointed as his/her representative an attorney-at-law or a patent attorney who is sauthorized and empowered to represent him/her in proceedings before the Office, before the Federal Patent Court and in civil litigation affecting the patent, as well as to file an application for criminal prosecution. Representation is also possible through any patent attorney or attorney-at-law of a member State of the European Union, a contracting party to the Agreement on the European Economic Area or of Switzerland if such attorney is authorized and empowered to represent applicants in proceedings before the Office, the Federal Patent Court and in civil litigation affecting a patent, as well as to file motions for criminal prosecution. The authorization is subject to the relevant provisions governing admission to the profession of attorney-at-law or patent attorney as well as to the provisions concerning the temporary provision of services; patent attorneys of the above mentioned states providing temporary services in Germany need to be registered with the Chamber of Patent Attorneys.
DE.06 POWER OF ATTORNEY
DPMAV Sec. 15
If an agent is appointed, a written power of attorney must generally be filed, exceptions apply inter alia for attorneys-at-law and patent attorneys acting as agents.
DE.07 ANNUAL FEES
PatG Sec. 17, PatKostG Sec. 3(2), PatKostG Sec. 7(1), IntPatÜbkG Art. III Sec. 4(2), IntPatÜbkG Art. III Sec. 6(2)
They are payable for the third and each subsequent year following the international filing date. The annual fees are due on the last day of the month containing the anniversary of the international filing date. The fees shall be paid before the expiration of the second month after the due date. Where the fee is not paid within the two-month time limit, payment can still be made with a surcharge before the expiration of the sixth month after the due date. If the applicant does not initiate early entry into the national phase, he does not have to pay the third annual fee before the expiration of the 31-month time limit under PCT Article 22(3) in conjunction with national law or Article 39(1)(b). In that case, the third annual fee shall be paid without surcharge before the expiration of the second month after the expiration of the 31-month time limit. If the third annual fee is not paid within this two-month time limit, the fee may still be paid with a surcharge before the expiration of the sixth month after the expiration of the 31-month time limit. The amounts of the annual fees and of the surcharge are indicated in Annex DE.I.
DE.08 REQUEST FOR EXAMINATION
PatG Sec. 44
A patent will be granted only after examination as to patentability which may be requested by the applicant or by a third party. There is no special form for the request.
DE.09 TIME LIMIT FOR REQUESTING EXAMINATION
PatG Sec. 44(2)
Examination must be requested within seven years from the international filing date.
DE.10 FEE FOR REQUESTING EXAMINATION
PatG Sec. 44 (2), PatKostG Sec. 3(1), PatKostG Sec. 5(1), IntPatÜbkG Art. III, Sec. 7
The fee for requesting examination must be paid within three months from the date of the request but no later than seven years from the international filing date. Processing of the request for examination will only start after the fee for requesting examination has been paid. The amount of the said fee is indicated in Annex DE.I. It is reduced where an international search report has been established.
DE.11 AMENDMENT OF THE APPLICATION; TIME LIMITS
PCT Art. 28, PCT Art. 41, PatG Sec. 38
Before any decision is taken on the grant of a patent, amendments may be made to any part of the application, provided that the scope of the subject matter of the application is not broadened thereby, but only until the request for examination has been received, if the amendment involves the rectification of an obvious mistake, correction of a deficiency noted by the Examining Section or amendments to the claims.
It is to be noted that, during opposition procedure following the grant of the patent, amendments to the description, claims or drawings may still be made, but only within the scope of the patent as granted.
DE.12 REVIEW UNDER ARTICLE 25 OF THE PCT
PCT Art. 25, PCT Rule 51, IntPatÜbkG Art. III, Sec. 5, PatG Sec. 65(1), PatG Sec. 73
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged within one month from the date of receipt of the decision. Within the same one-month time limit, a fee for appeal must be paid. The Federal Patent Court will then decide on the appeal.
DE.13 EXCUSE OF DELAYS IN MEETING TIME LIMITS
PCT Art. 24(2), PCT Art. 48(2), PatG Sec. 123, PatG Sec. 123a, GebrMG Sec. 21
Reference is made to paragraphs 6.022 to 6.027 of the National Phase. Reinstatement may be requested where the applicant, through no fault of his own, has failed to comply with a (statutory) time limit during the international phase or before the Office and non-observance of the time limit is detrimental to his rights. Reinstatement is excluded, however, for missing of the time limit for filing an application for which priority of an earlier German application is claimed, whereas reinstatement may be requested if priority of an earlier foreign application is claimed. A request for reinstatement must be presented in writing within two months after the removal of the cause of the failure to perform the action but not later than one year from the expiration of the time limit which has not been observed. Within these two months, the omitted act must be completed and the request must state the facts which justify the reinstatement; these facts must be substantiated [glaubhaft machen]. In addition, it is possible to request further processing of the application if the application has been rejected following a failure to observe a time limit fixed by the Office. The request for further processing shall be filed within one month after notification of the decision to reject the application. The omitted act must be completed within this time limit and a fee must be paid. The amounts of fees for further processing are indicated in Annex DE.I. Reinstatement of rights in respect of the time limit to request further processing is not possible.
DE.14 UTILITY MODEL
PCT Art. 4(3), PCT Art. 43, PCT Art. 44, PCT Rule 49bis.1, PCT Rule 49bis.1(a), PCT Rule 49bis.1(b), PCT Rule 76.5, IntPatÜbkG Art. III, Sec. 4(1), GebrMG Sec. 4, GebrMG Sec. 23(1)
If the applicant wishes to obtain utility model registration in Germany on the basis of an international application
(i) instead of a patent or
(ii) in addition to a patent,
the applicant, when performing the acts referred to in PCT Article 22 or 39(1), shall so indicate to the designated Office. Where no special acts are required for entry into the national phase, because the Office is both the receiving Office and designated Office, and the application was filed in German, the applicant shall nonetheless be responsible for the timely execution of his right of choice under PCT Rule 49bis.1.
DE.15
PatKostG Sec. 3(2), PatKostG Sec. 7(1)
If the international application is for a utility model instead of a patent (refer to the case referred to in paragraph DE.14(i)), the requirements are basically the same as for patent applications except that the applicant is not required:
(i) to furnish a translation of the abstract,
(ii) to furnish a declaration concerning the inventor,
(iii) to make a request for examination, and
(iv) to pay annual fees.
Instead of annual fees, maintenance fees become due for utility models. The due date, amounts and terms of protection are indicated in Annex DE.I. The maximum term of protection is 10 years from the international filing date.
DE.16
IntPatÜbkG Art. III, Sec. 4(2)
If the international application is for both a utility model and a patent (refer to the case referred to in paragraph DE.14(ii)), the applicant must, within the time limit applicable for entry into the national phase, comply with the following requirements:
(i) pay two filing fees for both the patent application and the utility model application,
(ii) where the international application was not filed in German, furnish a translation into German,
(iii) furnish the translation of the international application (if any) in duplicate.
The requirement (iii) may still be complied with within a time limit fixed in an invitation by the Office, if not already complied with within the time limit applicable for entry into the national phase.
DE.17
GebrMG Sec. 5
In addition to the options mentioned under DE.14 a national utility model application concerning the subject matter of an earlier national, international or European patent application for a national or European patent for Germany may according to national law claim the filing date of that earlier patent application provided the utility model application is filed before the expiration of two months from the end of the month in which the patent application is disposed of or in which the opposition procedure, if any, is terminated, at the latest, however, up to the end of the tenth year from the date of filing of the patent application. Any priority which is claimed in the earlier patent application under the Paris Convention for the Protection of Industrial Property will also apply to the subsequent utility model application.

Annexes

Annex DE.I - Fees
Patents
Filing fee:
Where the international application has been filed with the German Patent and Trade Mark Office as receiving Office, the filing fee is considered to have been paid with the payment of the transmittal fee (IntPatÜbkG Art. III, Sec. 4(2)). The filing fee for entry into the national phase is calculated on the basis of the number of claims in the international application as originally filed, and not as subsequently reduced, if applicable. A subsequent addition of claims may increase the amount of the filing fee. For further general information, refer to:
https://www.dpma.de/english/services/fees/patents/index.html
— international application with up to 10 claims
60 EUR
— international application with over 10 claims
60 EUR
— for each claim exceeding 10
30 EUR
Fee for requesting examination:
(i) where an international search report has been established
150 EUR
(ii) where no international search report has been established
350 EUR
Annual fees:
Annual fees are reduced by 50% in case of a declaration to the German Patent and Trade Mark Office that the applicant or proprietor is willing to allow anyone to use the invention in return for equitable remuneration (PatG, Sec. 23 (1)).
— for the 3rd year
70 EUR
— for the 4th year
70 EUR
— for the 5th year
100 EUR
— for the 6th year
150 EUR
— for the 7th year
210 EUR
— for the 8th year
280 EUR
— for the 9th year
350 EUR
— for the 10th year
430 EUR
— for the 11th year
540 EUR
— for the 12th year
680 EUR
— for the 13th year
830 EUR
— for the 14th year
980 EUR
— for the 15th year
1,130 EUR
— for the 16th year
1,310 EUR
— for the 17th year
1,490 EUR
— for the 18th year
1,670 EUR
— for the 19th year
1,840 EUR
— for the 20th year
2,030 EUR
Surcharge for late payment of the annual fee
50 EUR
Fee for further processing
100 EUR
Utility models
Filing fee:
Where the international application has been filed with the German Patent and Trade Mark Office as receiving Office, the filing fee is considered to have been paid with the payment of the transmittal fee (IntPatÜbkG Art. III, Sec. 4(2)).
40 EUR
— international application
40 EUR
Maintenance fees:
— for the 4th to the 6th year of protection
210 EUR
— for the 7th and the 8th years of protection
350 EUR
— for the 9th and the 10th years of protection
530 EUR
Surcharge for late payment of the maintenance fee
50 EUR
Fee for further processing
100 EUR
How can payment of fees be effected?
The payment of the fees has to be effected in Euro. All payments must indicate the application number (national, if already known; international, if the national application number is not yet known), the name of the applicant and the category of fee being paid
Payment of fees can be made by:
(a) payment by cash directly to the Office;
(b) bank transfer or payment by cash into the account of the Bundeskasse Halle/DPMA (No. 700 010 54 at the:
Deutsche Bundesbank (BBk) München
IBAN
DE84 7000 0000 0070 001054
BIC/SWIFT code
MARKDEF1700
Customers should declare that any handling charges are borne by the payer;
(c) submitting a valid “SEPA Core Direct Debit Mandate” together with the “Specification of the purpose of the use of the mandate. The forms “SEPA Core Direct Debit Mandate” and “Specification of the purpose of use of the mandate” provided by the Office in German and English language should preferably be used.
Applicants must choose a mode of payment guaranteeing that the full amount of the fees due is received by the Office. There is a danger of loss of rights if bank charges are deducted.
Forms
The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
Annex DE.II - National processing request form (patents)
Annex DE.III - National processing request form (utility models)
Annex DE.IV - Declaration concerning the inventor
Notes:
1 a b The list of patent attorneys may be obtained from the Patentanwaltskammer (Chamber of Patent Attorneys), Postfach 260108, 80058 München, Germany, and the list of attorneys-at-law from the Bundesrechtsanwaltskammer (Chamber of Attorneys-at-Law), Littenstrasse 9, 10179 Berlin, Germany.
2 a b In accordance with the provisions of the Legal Services Act (Rechtsdienstleistungsgesetz – RDG).
3 a This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
Special edition as of 31 October 2023, prepared for EQE candidates printed on 12 Oct 2024
2.0 #62 - 2024-08-16T14:11:11.727+02:00