Germany offers several types of intellectual property (IP) protection, including patents, utility models, trademarks, and designs. Each of these rights is registered through different procedures, with varying costs and legal requirements. 1. Patents (Patente) A patent grants its owner the exclusive right to use and commercialize an invention for a maximum period of 20 years. [...]
1. Utility Patents a) Mechanical Engineering Utility patents in mechanical engineering protect new machines, devices, and manufacturing processes. Example: US Patent No. 6,000,000 covered an innovative way to assemble a bicycle chain more efficiently. Legal Considerations: Novelty and non-obviousness are key (35 U.S.C. § 102, 103). Functional aspects are emphasized over aesthetic features. Case Law: [...]
Before applying for any intellectual property (IP) protection, a professional preliminary search is crucial to assess the novelty, distinctiveness, and enforceability of the desired IP right. A thorough search minimizes the risk of rejection, infringement disputes, and unnecessary costs. Each type of IP right requires a different approach to prior art or existing rights research [...]
The process of registering an EU trademark (EUTM), from choosing a name to using the registered trademark, involves several steps: 1. Name Selection and Preliminary Research Brand Creation: The process begins with selecting a distinctive name, logo, or slogan that represents your brand. The chosen mark should be: Unique and not descriptive of the goods [...]
The process of applying for a Unitary Patent (UP) under the European Patent System involves multiple steps: 1. File a European Patent Application Submission: The applicant must first file a European patent application at the European Patent Office (EPO). This application can be submitted online, by post, or in person at the EPO headquarters. Requirements: [...]
A national trade mark application at the DPMA provides protection in the Federal Republic of Germany. You can also obtain protection for a trade mark across Europe as a European Union Trade Mark or – – international protection on the basis of a basic mark. Each of these IP systems has advantages and disadvantages. The [...]
Opposition proceedings in case of a German Patent Any person may give notice of opposition within nine months of the publication of the grant of a patent in the Patent Gazette (Patentblatt). If no opposition is filed, the patent becomes legally valid upon expiry of the opposition period. The patent will then become valid retroactively [...]
Registered designs under German law protect the appearance of your products Registered designs protect the appearance of industrially manufactured or manually crafted products, for example, clothes, furniture, vehicles, fabrics, decorative objects or graphical symbols. Parts of products can also be protected by a registered design, for example, the sole of a sports shoe or the [...]
The road to your trade mark registration First, the Trade Mark Sections of the German Patent and Trade Mark Office make sure that all required data, for example, applicant, trade mark and the list of goods and services have been received. However, processing of the trade mark application only starts after full payment of fee [...]
Technical inventions can be protected by both patents and utility models. Please note that technical, chemical and biological processes can be patented but not protected as utility models. Furthermore, the term of protection of utility models is different to that of patents. Utility model protection is initially available for three years. It may be extended [...]