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FAQ

PCT/Paris Route Entering Into Germany

In German patent Law, "invention-creations" mean patents, utility models and designs.

"Patent" means any new technical solution relating to a product, a process or improvement thereof. Once granted, it can last as long as 20 years. That’s why most oversea patents entering into Germany are filed as “Patent” considering the longer patent term than "Utility Model".

"Utility Model" means any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use. Once granted, it can last as long as 10 years. In Germany, there is no substantive examination for utility model.

"Design" means any new design of the shape, the pattern or their combination, or the combination of the colors with shape or pattern, of a product, which creates an aesthetic feeling and is fit for industrial application. Once granted, it can last as long as 25 years.

The applicant should enter Germany by PCT national phase within 30 months, or by Paris Convention Route within 12 months from the priority date.

The Reasons to Choose Germany:

The Largest Economy in Europe

Reasonable Application and Maintenance Fees

Patent Prosecution Highway (PPH) which Provides Accelerated Patent Prosecution Procedures with the Support of the German Patent and Trade Mark Office

Filing to Grant Procedure for Patent

STEP 1:

FILING

Filing National Application (PCT Route/Paris Convention Route);

STEP 2:

PRELIMINARY EXAMIANTION

Preliminary Examination By The Office;

STEP 3:

PUBLICATION

Publication Of The Patent (Within 18 Months After Application);

STEP 4:

SUBSTANTIVE EXAMIANTION

Request for Substantive Examination (Within 84 Months from the Priority Date);

STEP 5:

GRANT

Issuance Of Patent Certificate (Taking Around 2 to 3 Years After Application)

Documents

Required

Power of Attorney (PoA).

Declaration to be executed by the Applicant.

Full name of Inventor(s)

PCT Application number if it’s PCT National Phase, else original Patent Application information is required.

Frequently Asked Questions:

When should I file the PCT national entry into Germany ? icon icon
  • You’d better enter Germany by PCT national phase within 30 months.
What’s the requirement of language for the patent application? icon icon
  • German version of abstract, claims, specification, drawings (when explanatory text is included).
When should I request the substantive examination? icon icon
  • Within 84 months from the priority date.
Is it hard to get it granted in Germany and how long will it takes? icon icon
  • As long as your patent meets the requirement of novelty and inventiveness, it is more likely to get it granted. And it will take around 2 to 3 years after application.
Does Germany accept PPH to accelerate the examination? icon icon
  • Yes. By request for PPH, it only takes around 1 year from filing to grant.

Brief Introduction of PPH in Germany

Patent Prosecution Highway(PPH) is a mechanism to facilitate expedited examination of applicants. Germany has established PPH cooperation with most major economies. And the PPH request is only applicable to patent application in Germany.

PPH has two main advantages. For one thing, the PPH application will greatly shorten the pending period for the patent to be substantially examined by the examiner. Normally, the first office action(if any) will be issued within 2 months after the PPH request has been accepted, comparing with 12 to 18 months of pending period for the general application after requesting for substantive examination. For another, the authorization rate is higher than the general application.

If the PCT application has received a positive written opinion or an international preliminary examination report of patentability at the international phase, the applicant can file a PCT-PPH request to the Patent Office at the same time when we request for the substantive examination at the national phase. Else if you’ve chosen Paris Convention Route to entering into the national phase, General-PPH may be requested if you can provide the Office Actions, Responses to those Office Actions and Grant Notice(if any) of the Priority Patent.

In brief, you don’t need to decide whether to apply PPH in Germany or not until you request for the substantive examination. You can leave this matter behind because we will notify you in time.

Estimated Cost for Filing a Patent

Description
Price (USD)
Attorney Fee
950
Govt Fee*
50
Translation Fee**
1,200
Total
2,200
Get Started
*

Govt fee will be charged later since we need to check the claims and specification of your PCT Application/Original Patent Application in case there’s any additional govt fee according to the Patent Office rules.

**

Translation fee is estimated on the basis of our previous orders. It will be charged later since we need to check the number of words in abstract, specification and claims.