From patent application to grant

Filing a patent in Germany can seem intimidating and very complex. Especially if you are a layman when it comes to legal matters. And yet patents are such an important resource for you and your business. But the complexities of filing for patents should definitely not be an obstacle. After all, filing for patents and reaping their many economic benefits not only drives innovation. You also protect yourself from imitators and your competition with a patent application. This guide gives you an overview of the patent application process in Germany. It shows how to apply for a patent, what the process costs and which mistakes you should avoid. You will also find numerous tips and tools that will definitely be of great help to you when applying for a patent.

Overview of the patent application procedure in Germany

The German patent system is governed by the PatG (Patent Act).  

The PatG states that any invention must meet three criteria in order to be protected:  

• The invention must constitute a novelty  
• based on an inventive step
• and is industrially applicable.  

DE Patents are not legally valid until they have been examined and granted by the German Patent and Trademark Office (DPMA). If successfully granted, the applicant has the exclusive right to his invention for 20 years from the date of filing (provided that the renewal fees for maintenance are duly paid to the DPMA).

Patents with protective effect in other individual countries, in Europe or internationally (under the Patent Cooperation Treaty, PCT for short) can also be applied for at the DPMA. You will find more about the so-called patent families here on this blog shortly.

Requirements for filing a patent application in Germany

In order to apply for a patent in Germany, certain requirements must be met.  

First, the applicant must have his or her place of residence or business in Germany.  

Second, the application must include all required documents such as  

• Drawings/illustrations,  
• descriptions,
• claims and  
• abstracts

must be included.  

Third, the examination fee must be paid.

Only when all steps have been fulfilled will the application be fully examined.

All applications must be written in German and translated if necessary.

The "Request for the Grant of a Patent" form from the DPMA can be found here.

Exclusive tip from the experts at PATOffice
Before filing a patent application, we recommend to make a detailed preliminary search in order to comprehensively illuminate the state of the art and to be sure that you avoid duplicate inventions on the one hand, but on the other hand that you do not infringe the patents of others and subsequently have to pay high penalties. A search on your own is possible, but not always recommended. The following reasons speak against it:

• If you infringe someone else's patent despite your own preliminary search, your own search will not protect you. Only a professional search by an expert or a corresponding tool will protect you from an actual accusation of patent infringement.
• For a preliminary search with added value, you need a lot of experience so that you don't miss the "forest for the trees".
• Professional tools, which can either be purchased or are already used by patent attorneys, show the passages in patents, why they land on your hit list and why the patent might be relevant for you. When you do your own search, these passages are not automatically highlighted. This eats up an enormous amount of time and attention, which could be better used for other things.
• The free databases of the EPO and the DPMA are very helpful for a first overview, but limit the user in some places - especially when comparing with search tools or experts like patent attorneys.

Steps to file a patent in Germany

A maximum period of 7 years may elapse between the filing of the application and the filing of the request for examination. 18 months after filing the application, the invention is published. This serves to inform the public about the current state of the art.  

After the inventor has filed a request for examination, a patent examiner determines whether all requirements for granting a patent are met. If there are deficiencies, there is often still the possibility to correct them. If the patent is finally granted, it is published in the Patent Gazette and the applicant receives the exclusive right for his invention. The duration of patent protection is a maximum of 20 years, with the effective date being the date of filing.

What attachments do I need to attach to my application form when applying for a patent?

• Description of the known prior art incl. structure and advantages of the own invention
• Claims, to list what is new about the invention and for what the patent protection should exist specifically
• Drawings to illustrate the invention .
• Summary (abstract)
• Inventor designation

A general leaflet from the DPMA for patent applications with tips on how to build a patent application and the components can be found here.

Exclusive tip from the experts at PATOffice
The really complex part of a patent application are the annexes of the application form (see above). The claims, i.e. the list of what exactly is new in the invention and what exactly is to be protected, are usually very extensive. We only recommend that you try to do this yourself to a limited extent, since you will usually get lost in the claims and lose track of everything yourself. Here we advise to consult a patent attorney and to outsource this To Do. The money is well invested and protects you from potentially necessary improvements, because claims may not be formulated correctly.

Costs of a patent application in Germany

Filing a patent in Germany involves costs, but these depend on the type of application and the number of claims. In general, however, applicants should expect to pay between €400 and €800 when applying for a patent. Furthermore, additional costs such as translation fees may be incurred if the application is not completely written in German.  

The total consists of the application fee of 40 euros for an electronic application and the examination fee of 350 euros. If you submit the application in paper form, the cost is 60 euros. Costs for maintaining patent protection are incurred after 2 years. The longer the patent, the higher the annual fees. For example, in the 3rd patent year you have to pay 70 euros, while in the 20th patent year it is 1,940 euros. In total, you need to budget at least 13,140 euros for 20 years of protection.

Time horizon of a patent application

‍

Common mistakes to avoid when applying for a patent in Germany

When filing a patent application in Germany, there are common mistakes that can lead to delays or even rejection of the application. Make sure your documents are complete and correct before filing your application. Otherwise, it could be rejected due to missing or incorrect information. Also, make sure that any figures or diagrams are clear and easy to understand. Otherwise, they might not be accepted by the DPMA examiners. Finally, always check that all translations are correct. Your application may otherwise be rejected due to errors in translation.

Resources to help you apply for a patent in Germany

Fortunately, there are numerous online resources to help you better understand the application process. The German Patent Office website provides detailed information about the application procedures and intellectual property protection regulations in Germany. In addition, many private companies offer services specifically designed to help you navigate complex legal systems like Germany's. So it's worth looking into these options as well.

PATOffice also offers assistance in this regard. Our research tool can be an important help for your preliminary research (current status: we are currently integrating our existing research tool into our new PATOffice software, where it can be fully used in the next few months). In addition, our AI approach can broaden your horizon in patent prosecution. Our AI finds IP rights, technology fields and new competitors that may be overlooked in your own patent searches. Just contact us for more information.

Conclusion

Overall, filing a patent in Germany can seem daunting. However, with the right preparation and extensive research, it doesn't have to be! If you know and meet the requirements and prerequisites, anyone can successfully apply for a patent. Without encountering any major problems along the way!

And then?

Once you have successfully filed your patent, the exciting work begins. Now it's about managing your IP portfolio in the best possible way.

Above all, it's about arming yourself in case of patent infringements - and that only works if you are regularly informed about IP rights in your own field. In this way, appropriate steps can be taken in good time and opposition deadlines can be met. Of course, it is also important to know whether one's own new developments may infringe the property rights of others. Automatic updates save time and keep you up-to-date.

In addition, patents and their applications offer an exciting wealth of knowledge that can identify new technology trends and innovations years in advance. Keeping an eye on patents of competitors or applications of new players or even being made aware of them with the help of tools like PATOffice is an incredibly exciting area and not only promotes your own R&D department, but also protects your own IP portfolio at the same time.

‍Tip from the experts at PATOffice
Managing or monitoring your own patent portfolio is an exciting but very time-consuming task. Keeping an eye on competitor applications can be very inspiring, but it can also be monotonous and boring - especially when you realize too late that an IP right you are searching through may not be relevant at all.  Then it helps to have software at your side that automatically monitors relevant IP portfolios and distributes them to colleagues for collaboration. Here we can support you with PATOffice. Just contact our sales team for a free demo without obligation.