Patent registration in Germany

Protecting Your Invention: Key Considerations for Patent Registration in Germany. Germany has long been famous as the cradle of science and technology with many related patents registered. In the machinery industry, Germany has registered many patents related to the fields of automation, robotics, production technologies, new materials and renewable energy. Germany is also one of the leading countries in digital technology and telecommunications. Patents related to artificial intelligence, machine learning, internet of things (IoT), cybersecurity, and blockchain technology can all be easily found in Germany. In addition, Germany has a strongly developed pharmaceutical industry and advanced biomedical research system. Patents related to gene technology, cell therapies, new drugs and medical devices are also common in Germany. In environmental protection, Germany has made breakthrough patents related to clean energy, wastewater treatment, waste management, and green technology. Patent registration brings owners many benefits such as exclusive protection, enhancing the commercial value of patents … Therefore, more and more patent applications are filed in Germany, Viet An Law would like to guide customers preliminarily the procedure for trademark registration in Germany through the article below.

Legal basis

• Patent Law (amended until August 30, 2021)

When were patents granted in Germany?

Patents can be granted for patents in the field of technology. For patents, it is necessary to distinguish between products and processes. Product patents will protect all kinds of objects such as machines and other parts of machinery as well as the arrangement of individual parts, electronic circuits, chemical substances and pharmaceuticals.

Once a patent has been granted, no one else is allowed to use the patented product as manufactured, offered for sale, marketed or imported without the consent of the patent owner. In addition, Germany grants process patents. These process patents protect product manufacturing processes, workflows or even the use of products for a specific purpose.

Cases not patented in Germany

Products and processes that do not constitute a technical patent that are not patentable include:

• Mere discoveries
• Scientific theories and mathematical methods
• Aesthetic creations
• Schemes, rules and methods of performing mental behaviors, playing games or business
• Computer programs as above
• Informative presentations as above
• Patents where commercial exploitation is contrary to public order or morals, such as torture devices, mail bombs, illegal gambling devices, or for the production of harmful food or drink
• Plant or animal varieties
• The human body, at different stages of formation and development and three, involves the discovery of one of its elements, including the sequence or sequence of part of a gene
• Human cloning process
• Procedures for modifying human germline genetic characteristics
• The process of using human embryos for industrial or commercial purposes
• The procedure for modifying the genetic characteristics of animals is likely to pose a danger to them without providing any significant medical benefit to humans
• Methods of treatment of the human or animal body by surgery or therapy and diagnostic methods

Conditions for patent registration in Germany

New province

An patent is considered new if it is not mentioned in the existing technical state. The existing technical status includes all information that has been made public by written or oral description, anywhere in the world, prior to the date of application. To determine the existing technical status, patent appraisers will search and compare patent description documents, published patent applications, technical papers, and published lectures from many countries. The existing technical status also includes previous publications by the inventor or applicant himself, e.g. conference papers, articles in scientific journals, and presentations on patents at trade fairs.

Creative progress

Not every patent is new, it must also include a step forward in creativity. That means it is not mentioned in the existing technical state. This criterion ensures that intellectual property rights will not be granted for any innovation, even the slightest. Intellectual property rights that protect patents that hardly differ from the existing technical state will hinder their use and development in that field. This will hinder progress.

Applicability in industry

The requirement for applicability in industry is basically met by all patents that can be produced or used in any field of industry. Unpatented ideas, such as a perpetual motion machine, violate the now accepted laws of physics. Moreover, medical treatment cannot be applied in industry due to social ethical reasons. The goal is for doctors to freely choose how to treat patients with surgery or therapy without being hampered by patents. However, this exclusion applies only to medical treatment, and not to products used. Objects such as medical devices, surgical instruments, bandage materials, pregnancy test strips, or pharmaceuticals can be patented.

Patent filing in Germany

• Patent Request: An application for a patent.
• Description of the patent: The description must clearly and fully state the patent so that a person with technical expertise can do it. This description is the basis for patent protection claims.
• Inventor information: State the information of the person (or people) who invented the patent.
• Patent protection claims: These requirements define the scope of the patent’s protection, i.e. it should specify exactly what needs to be protected.
• Drawings (if any): Visual illustrations of the patent help clarify its technical aspects.
• Summary: A brief summary of the patent, providing an overview of its key features and benefits.

How to file a patent application in Germany

To file a patent application in Germany, you can apply using the following filing methods:

• Direct filing: You can come directly to the German Patent and Trademark Office in Munich at 563 Nonthaburi Road, Bangkrasor Muang Nonthaburi 11000 to file the application and related documents.
• You can apply for patent protection via the link below:

https://www.bundesnetzagentur.de/EN/Home/home_node.html

Patent registration in Germany through the PCT system

What is a PCT system?

The PCT system stands for  Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by  the World Intellectual Property Organization (WIPO) and has more than 150 countries involved, including Germany.

Benefits of PCT system:

• Time and cost savings: The PCT system allows applicants to file a single patent application for patent protection in multiple Treaty countries, instead of having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the patent. This is valuable time for the applicant to assess the commercial potential of the patent and prepare for the national filing.
• Simplified Process: The PCT system uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Patent Search Office and Written Opinion will provide the applicant with information about the novelty and patentability of the patent, helping the applicant make an informed decision about the national filing.
• Strengthening international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and sharing of experiences between countries.
• Innovation support: PCT systems help promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent application through PCT system

To file a patent application through the PCT system, you need to prepare a dossier that includes the following documents:

• PCT Application: Applications can be submitted in Vietnamese or English, however, it is recommended to be submitted in English to facilitate the processing process. You can download the PCT form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of patent: The description of the patent should present details and clarity about the patent, including:
  • Patent Name Technical field
  • Patent summary
  • Detailed explanation of the patent
  • Drawings (if any)
  • Claims for protection
• Claim for protection: The claim should clearly define the scope of protection that the applicant wants for the patent.
• Patent Declaration: The patent statement should clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant should provide a Power of Attorney Letter authorizing the representative to represent the applicant on behalf of the applicant during the application process and processing the procedure.

Additional documents (may require):

• Priority Document (if applicable): If the applicant filed a patent application for the same patent in another country prior to filing the PCT application, the applicant may claim priority based on the filing date.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT application fee to the International Reception Office (IB).

Patent registration service in Germany of Viet An Law Firm

• Carry out the search and notify customers in writing the results of patent search in Germany;
• Drafting dossiers and directly submitting and monitoring the status of patent applications filed in Germany on behalf of the patent owner;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring patent applications in Germany;
• Assist in monitoring, representing the resolution of objections and feedback with intellectual property representatives carrying out procedures in Germany.
• Receive dispatches, certificates and hand over to customers (if any).

If you need to apply for patent registration in Germany, please contact Viet An Law Firm for the most effective support.