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 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: [...]
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 [...]
Describing the invention clearly and precisely What you should know in advance: the patent system is a very large and complex legal field. Therefore, it can be of benefit to appoint a patent attorney or lawyer for your patent application. If you are not resident in Germany, you need a patent attorney or lawyer for [...]
Protection for your technical inventions Commercially successful ideas are often copied or imitated – from everyday objects to sophisticated high-tech products. You can use patents to protect your technical inventions (innovative products or processes) against unwanted imitation. Patent proprietors gain a territorial monopoly right of use for a limited period. At the same time, patents [...]
Patent protection abroad Patents are only valid in the country for which they have been granted (principle of territoriality). Patents granted by the DPMA have effect in the Federal Republic of Germany. You have a choice of several routes for obtaining patent protection of your invention in other countries. If you wish to obtain protection [...]
Please bear in mind that the patent system is a very complex field of law. It may be advisable to retain the services of a patent attorney for preparing and filing a patent application. If you are not residing in Germany, you are legally required to be represented by a patent attorney. Clear and complete [...]