In Germany patents are granted after substantive examination regarding novelty and inventive step. Patents are not granted for inventions regarding data processing and business methods (as such). The examination request can be delayed until 7 years from the filing date, thereby delaying costs considerably. Litigation, however, is only possible after publication of the granted patent (Patentschrift). Filing requirements for German patents include a designation of inventor (can be signed by a representative), representation by a German Patent Attorney (Power of Attorney, no legalization) and a German translation of the patent specification within 3 months from the German filing date. As in most countries a German patent can last up to 20 years from the filing date provided annuities are paid yearly from the 3rd year on in advance.
Germany is a member state of all important international treaties, such as Paris Convention, Patent Cooperation Treaty and European Patent Convention including the London Protocol. It is, therefore, possible to obtain patent protection in Germany by validating a European Patent without expensive translations.
In our firm every member is conversant in the English language and we are happy to provide full services to our overseas clients, such as German and European filings, negotiations in English and German language with resident and overseas counterparts, Patent searches, litigation and patent strategy planning.
Please contact any of our offices in Berlin or Velbert for further details.
The information given above only represents a brief introduction and is by no means complete. We will, therefore, not accept any liability for any information comprised on this website.