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Germany’s strategic commitment to innovation and technology is mirrored in its robust patent filing activity, highlighting the country’s central role in global technological advancements. In 2022, with 57,214 patent applications filed, Germany underscored its dedication to innovation. Baden-Württemberg and Bavaria led in per capita patent applications, with significant contributions across diverse technological fields. The automotive sector, alongside emerging digital technologies, marked key areas of development. Furthermore, Germany’s GDP per capita in 2022 stood at approximately $48,432, a figure that signifies the economic prosperity and the high standard of living in the country, providing a solid foundation for continued investment in research and development (source: DPMA). This economic backdrop, combined with a strong patenting culture, positions Germany as an attractive destination for inventors and companies looking to protect and commercialize their innovations in a leading global economy.
Filling Timelines
The time limit for the PCT national phase entry in Germany is 31 months from the earliest date of priority and 12 months for Direct Paris Route application. This term cannot be restored.
The time limit for filing a design is 6 months from the earliest date of priority and there is a grace period of 12 months from the first public disclosure.
Required Documents
Signed POA, inventor declaration, assignment and Original certified copy of priority, if applicable.
Signed POA, inventor declaration, assignment and Original certified copy of priority, if applicable. A drawing set of the different views of the design.
Examination
The examination fees must be paid within 7 years from the international filing date for PCT national phase applications, and within 7 years from the filing date for direct Paris Route applications.
The patent office will review if the design application meets all formalities and registrability. No examination fees must be paid. If the application is accepted to registration, the design will be published in the Community Designs Bulletin and a certificate of registration will be issued. Normally the granted patent is issued within 3 months from the filing date.
Granting
No granting fees must be paid, however it is common for German attorneys to charge a granting reporting fee. Once granted, the patent will be valid for 20 years from the filing date for Paris Route applications and from the international filing date for National phases.
No granting fee must be paid, once the design has been accepted will be valid for 5 years as of the filing date. This term may be renewed four times up to a maximum of 25 years.
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A standard patent application process in Germany can take between 2 and 3 years from the filing date. However, a PPH requested can be filed to potentially allow the applicant to reduce the examination time in more than a half. Contact us for additional information.
In many instances, it’s feasible to restore the former state of affairs. Any omitted actions and/or payments can subsequently be rectified, rejuvenating the intellectual property right. Upon realizing a mistake, it’s crucial to act promptly and gather information on how the inadvertent expiration happened.
We have a team of patent attorneys and engineers, with years of experience making patent searches, filing patent applications and following up on the patent process in more than 30 countries, which allows us to assure you:
-Competent professionals will perform all the necessary procedures for filing and following up your patent application.
-You will receive timely information regarding updates for the application process.
-If objections or rejections arise in the patent application process, knowledgeable attorneys will advise you on the appropriate course of action.
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