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: [...]
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 [...]
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 [...]