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 German patent application

German patent application

German patent applications are divided into invention patents, utility model patents and design patents. The authorized authority is the German Patent and Trademark Office, the official language is German, and its headquarters are in Munich, Germany.

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Review system and protection period of German Patent:

(1) Invention patents:

The maximum term of protection for German patents is 20 years, calculated from the date of application. From the third year of the application date, an annual fee is required. The German Patent and Trademark Office will search the existing technology and review the substantial licensing conditions (novelty, creativity, clarity, etc.). Applications that do not meet the authorization requirements will be rejected.

The application procedure of German invention patent can be roughly divided into the following three stages:

Stage 1: submit an application or request to enter the German national phase (until receiving the notice of the first examination opinion of the German Patent and Trademark Office)

Stage 2: substantive examination (from receiving the notice of the first examination opinion of the German Patent and Trademark Office to receiving the authorization decision or the final rejection of the application)

Stage 3: authorization announcement (from receipt of authorization decision)

The whole process will take about three years, but it may be shorter or longer.

(2) Utility model patents:

The protection period of the utility model in Germany is up to ten years, which is calculated from the date of application. The maintenance fee should be paid in three times to maintain the effectiveness of the utility model. They are 4-6 years, 7-8 years and 9-10 years respectively, calculated from the date of application. In general, the German Patent and Trademark Office will not search the existing technology unless there is a corresponding explicit request and the official fee is paid. The registration procedure of utility model in Germany can be roughly divided into submission stage, examination and registration stage. The whole process usually takes about 4 months, the fast 2 months, and generally no more than 8 months.

(3) Patent design

25 years from the date of application. From the sixth year of application, maintenance fee is required every five years to maintain the validity of the design. The German Patent and Trademark Office will not search the existing designs and will not review the substantial licensing conditions (novelty, uniqueness). The registration procedure of German design can be roughly divided into submission stage, examination stage and registration stage. The approval time of German design is generally three to four months. German designs will be released about a month after registration.

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