WIPO - PCT Applicant's Guide DE - 德国
德国专利商标局

    适用起自 2026年1月1日
    (发布 2025年11月13日)

    此版本最新变更汇总
    RO: RO fees
    变更明细列表

    [MT] 有用信息

    [MT] 《PCT申请人指南》几乎每周都会根据国际局收到的信息进行更新。
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    [MT] 本文档中使用的缩写列表 :
    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]
    [MT] 本文档中使用的货币列表 :
    EUR (欧元)
    [MT] 国家和办事处信息 :
    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.
    [MT] 办公室概况
    For more technical information about the Office, refer to ePCT Office profile.
    [MT] PCT保留 、声明 、通知和不相容
    细则 20.8(a),
    细则 20.8(a-bis),
    细则 20.8(b),
    细则 20.8(b-bis),
    细则 23bis.2(b),
    细则 26bis.3(j),
    细则 4.9(b),
    细则 49.6(f),
    细则 49ter.1(g),
    细则 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.
    [MT] 办公室关闭日期
    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

    [MT] 国际阶段

    [MT] 附件B - 关于缔约国或政府间组织的资料

    [MT] 缔约国：
    德国
    [MT] 两个字母代码 :
    DE
    [MT] 办公室名称:
    德国专利商标局
    [MT] 地点：
    Zweibrückenstrasse 12
    80331 München
    Germany
    [MT] 邮寄地址 :
    80297 München
    Germany
    [MT] 电话：
    (49-89) 2195-1000
    [MT] 电子邮件：
    info@dpma.de
    [MT] 网站地图
    [MT] 传真：
    (49-89) 2195-2221
    [MT] 局是否接受通过传真或类似方式提交文件(PCT规则92.4 )?
    Yes, by facsimile
    [MT] 哪些类型的文件可以通过这种方式传送?
    All kinds of documents
    [MT] 是否在所有情况下都必须提供文件原件?
    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
    [MT] 若使用邮政当局以外的递送服务,在文件遗失或延误的情况下,局是否接受邮寄文件的证据(PCT规则82.1 )?
    不
    [MT] 专利局是否准备允许申请人向WIPO优先权文件数字存取服务 (DAS ) ( PCT规则17.1(b-之二 ) ) 提供申请?
    More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.
    Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS
    [MT] 由本国国民或居民提交的国际申请的主管接收局:
    DE,
    EP,
    IB
    [MT] 国家立法是否限制向外国局提交国际申请?
    Act on International Patent Conventions, Article III, Section 2 and Patent Act, Section 52.
    Yes, filing restrictions apply to:
    Applications containing State secrets
    [MT] 为本国指定的主管(或选定的)办事处:
    National protection: DE
    European patent: EP
    [MT] 通过PCT 提供的保护类型:
    National:
    Patents,
    Utility models (a utility model may be sought instead of or in addition to a national patent)

    European:
    Patents
    [MT] 办公室接受的付款方式:
    Comprehensive information on the payment methods accepted by the DPMA is available at: https://www.dpma.de/english/services/fees/payment_transactions/index.html
    [MT] 根据国家法律进行国际类型查询的可行性(PCT第15条 ) :
    None
    [MT] 国际公布后的临时保护 :
    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.
    [MT] 如果该缔约国被指定(或选举 ), 则有关信息
    [MT] 国家保护
    [MT] 发明人姓名和地址必须提供的时间:
    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.
    [MT] 是否有关于要求优先权的先前国家申请的特别规定，这些规定的效力是什么？
    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
    [MT] 是否有关于微生物和其他生物材料的存放的特别规定？
    Yes, refer to Annex L.
    [MT] 欧洲专利申请
    Refer to Annex B(EP)

    [MT] 附件C -- -- 接收办公室

    [MT] 主管接收办公室为国民和居民:
    德国
    [MT] 国际申请可用语言提交:
    German
    [MT] 接受的语言 - 依赖于序列列表中的自由文本 :
    German,
    or German and English
    [MT] 请求书可用语言提交:
    German
    Number of copies required by the receiving Office if the international application is filed on paper:
    1
    [MT] 接收局是否接受以电子形式提交国际申请?
    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 RO”).
    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 28 November 2024, pages 221 et seq.
    Yes, the Office accepts electronic filing via ePCT-Filing or DPMAdirektPro
    [MT] 接收局是否接受转换前文件的提交,如果接受,采用何种格式(PCT行政指示第706条 )?
    不
    [MT] 接受局是否接受以提及方式纳入 (PCT规则20.6 )?
    不
    [MT] 接受局是否接受非正式提交彩色图纸并将其转交国际局?
    不
    [MT] 收件局是否接受恢复优先权的请求(PCT规则26之二.3 )?
    不
    [MT] 国际主管查询机关 :
    EP
    [MT] 国际初步审查主管机关 :
    EP
    Fees payable to the RO:
    [MT] 传输费用 :
    90 EUR
    [MT] 国际申请费:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    1,428 EUR
    [MT] 超过30张的每张费用:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    16 EUR
    [MT] 减免(费用表,项目4) :
    [MT] 电子提交(以字符编码格式提交请求 ) :
    215 EUR
    [MT] 电子提交(请求书、说明书、权利要求书和摘要以字符编码格式提交 ) :
    322 EUR
    [MT] 搜索费用:
    Refer to
    Annex D(EP)
    [MT] 优先权文件费 (PCT规则17.1(b ) ) :
    20 EUR
    [MT] 接受局是否要求代理人?
    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
    [MT] 谁可以担任代理人?
    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;
    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.
    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
    [MT] 委托书的放弃:
    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 IP 11.048).
    [MT] 办公室是否已放弃提交单独授权书的要求?
    是的
    [MT] 需要另行授权的特殊情况:
    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
    [MT] 办公室是否已放弃提交一般授权书副本的要求?
    是的
    [MT] 需要提供一般授权书副本的特殊情况:
    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

    [MT] 附件L - 微生物和其他生物材料的存放

    [MT] 指定和选任办公室的要求
    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 (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)
    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
    [MT] 时间(如果有) 早于 16 个月从优先权日,申请人必须提供:
    [MT] 规则13之二.3(a)㈠至㈢所规定的标记：
    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
    [MT] 任何其他说明：
    Section 1(1), No. 2, of the Ordinance on the Deposit of Biological Material:
    At the time of filing (as part of the application)
    [MT] 除第13条之二第3款(a)项(一)至(三)目规定的说明外,根据局通知必须提供的其他说明(如有 ) :
    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
    [MT] 其他资料
    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.

    [MT] 全国阶段

    [MT] 进入国家阶段的要求概要

    [MT] 进入国家阶段的适用时间限制:
    Under PCT Article 22(3): 31 months from the priority date
    Under PCT Article 39(1)(b): 31 months from the priority date
    [MT] 专利局是否允许恢复权利(PCT规则49.6 )?
    不
    [MT] 国际申请必须翻译成以下语言之一:
    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
    [MT] 进入国家阶段的翻译必须具备以下内容:
    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)
    [MT] 在特殊情况下是否需要国际申请副本?
    不
    [MT] 局是否根据其国家法律 接受彩色图纸?
    不
    [MT] 国家费用 :
    [MT] 专利
    [MT] 申请费用:
    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.
    [MT] — 国际申请最多10项权利要求
    60 EUR
    [MT] — 10项权利要求以上的国际申请
    60 EUR
    [MT] 对于每一件超过10件的索赔
    30 EUR
    [MT] 第三年的年费
    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
    [MT] 实用新型
    [MT] 申请费
    Must be paid within the time limit applicable under PCT Article 22 or 39(1).
    40 EUR
    [MT] 免除、减少或退还费用:
    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.
    [MT] 局的特殊要求(PCT规则51之二 ) :
    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
    This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
    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
    [MT] 谁可以担任代理人?
    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
    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.
    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
    In accordance with the provisions of the Legal Services Act (Rechtsdienstleistungsgesetz – RDG).
    [MT] 局是否接受接收局恢复优先权的效力(PCT规则49之三.1 )?
    不
    [MT] 专利局是否接受恢复优先权的请求(PCT规则第49条之三第2款 )?
    不

    [MT] 国家阶段的程序

    [MT] DE.01 进入国家阶段的表格
    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: https://www.dpma.de/docs/service/formulare/patent/p2009.pdf and https://www.dpma.de/docs/service/formulare/gebrauchsmuster/g6007.pdf. These forms should preferably (but need not) be used.
    [MT] DE.02 翻译(更正)
    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 NP 6.002 and NP 6.003).
    [MT] DE.03 费用(支付方式)
    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.
    [MT] DE.04 关于发明人和申请人申请专利权利的声明
    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.
    [MT] DE.05 代表权
    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.
    [MT] DE.06 代理人委托书
    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.
    [MT] DE.07 年度费用
    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.
    [MT] DE.08 审查请求
    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.
    [MT] DE.09 请求审查的时限
    PatG Sec. 44(2)
    Examination must be requested within seven years from the international filing date.
    [MT] DE.10 申请审查的费用
    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.
    [MT] DE.11 申请书的修改;时限
    PCT 条约 28,
    PCT 条约 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.
    [MT] DE.12 根据PCT第25条进行的复审
    PCT 条约 25,
    PCT 细则 51,
    IntPatÜbkG Art. III,
    Sec. 5,
    PatG Sec. 65(1),
    PatG Sec. 73

    The applicable procedure is outlined in paragraphs NP 6.018 to NP 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.
    [MT] DE.13 会议时间限制延误的理由
    PCT 条约 24(2),
    PCT 条约 48(2),
    PatG Sec. 123,
    PatG Sec. 123a,
    GebrMG Sec. 21

    Reference is made to paragraphs NP 6.022 to NP 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.
    [MT] DE.14 实用新型
    PCT 条约 4(3),
    PCT 条约 43,
    PCT 条约 44,
    PCT 细则 49bis.1,
    PCT 细则 49bis.1(a),
    PCT 细则 49bis.1(b),
    PCT 细则 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.

    [MT] 附件 1

    [MT] 附件DE.I - 收费
    [MT] 专利
    [MT] 申请费用:
    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.
    [MT] — 国际申请最多10项权利要求
    60 EUR
    [MT] — 10项权利要求以上的国际申请
    60 EUR
    [MT] 对于每一件超过10件的索赔
    30 EUR
    [MT] 申请考试费用:
    [MT] (一)已确立国际查询报告的;
    150 EUR
    [MT] (二)未编制国际查询报告的;
    350 EUR
    [MT] 年费:
    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)).
    [MT] 第三年
    70 EUR
    [MT] 为第四年
    70 EUR
    [MT] 为第五年
    100 EUR
    [MT] 为第六年
    150 EUR
    [MT] 为第7年
    210 EUR
    [MT] 为第8年
    280 EUR
    [MT] 为第9年
    350 EUR
    [MT] － 第十年
    430 EUR
    [MT] 为第11年
    540 EUR
    [MT] 12年的
    680 EUR
    [MT] 为第13年
    830 EUR
    [MT] 为第14年
    980 EUR
    [MT] － 第15年
    1,130 EUR
    [MT] 为第16年
    1,310 EUR
    [MT] 为第17年
    1,490 EUR
    [MT] 为第18年
    1,670 EUR
    [MT] 为第19年
    1,840 EUR
    [MT] 第二十年
    2,030 EUR
    [MT] 逾期缴纳年费的附加费
    50 EUR
    [MT] 进一步处理费
    100 EUR
    [MT] 实用新型
    [MT] 申请费用:
    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
    [MT] 国际申请
    40 EUR
    [MT] 维护费用:
    [MT] — 从第4年到第6年的保护
    210 EUR
    [MT] — 保护的第7年和第8年
    350 EUR
    [MT] — 保护期第9年和第10年
    530 EUR
    [MT] 延迟支付维护费的附加费
    50 EUR
    [MT] 进一步处理费
    100 EUR
    [MT] 如何支付费用?
    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 at the sub-offices in Berlin and Jena;
    (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.
    [MT] 表格
    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
    Current version applicable from 2026年1月1日 , printed on 2026年2月16日
    2.2 #71 - 2026-02-10T18:40:34.131+01:00