Germany Flashcards
What are the types of patents and their terms?
Standard patent - 20 years
Utility patents - 10 year term
What is the examination process?
Search before examination is optional. If requested, there will be a reduced fee for examination.
Formal examination is done automatically.
Time limit to request substantive examination is seven years from filing.
Examination consists of several office actions with fixed period for reply. Extensions can be requested one or two months at a time on request.
An oral hearing must be granted if requested.
An application will be granted immediately if it is allowed. The patent takes full effect from publication.
Are there excess claim fees?
Excess claim fees are due on claims over 10.
When are renewal fees due?
Annual fees start on second anniversary of filing.
When is the application fee due?
Payment due within three months of filing.
Explain opposition after grant.
There is a nine-month post-grant opposition system where anyone can contest a granted patent on the grounds of patentability, insufficiency, added matter or entitlement. Any resulting revocation is retroactive to grant.
Are MDCs allowed?
Yes.
Is there a national security first filing obligation?
No.
What language is acceptable?
German only. A translation must be filed within 12 months of the filing date and within 15 months of the earliest priority date. The translation must be certified by a patent attorney or must be made by an official translator.
Explain nullity actions.
These are basically just revocation proceedings before the German Patent Court.
A nullity action can be brought at any time after the opposition period (but not if an opposition is still pending). They may even be brought after the life time of the patent if damages are claimed based on the patent.
The court can revoke the patent in part or in full. Either party may appeal a revocation decision to the EPO.
Explain the rules on priority declarations.
The application number and date and country of filing of each priority document must be provided along with a copy thereof within 16 months of priority.
30 or 31 months for national phase entry?
31
What must be done on national phase entry?
File a request form, pay the national filing fee, file a German translation, and appoint a German agent.
Are utility models available from a PCT?
Yes.
Summarise examination of utility models.
The state of the art comprises written disclosures only, and is local to Germany.
There is a 6 month grace period for utility models.
There is no substantive examination. There are typically only 8 weeks between between filing and registration.
