| Step number | Step corresponding information |
| step 1 |
Prepare the patent application documents which include - a written description (to allow others to see how it works) - drawings (to illustrate your invention) - claims (precise legal statements in the form of single sentences to define the technical features) - an abstract (a summary that includes the important technical aspects) |
| step 2 |
Fill in and file the patent application form "Antrag auf Erteilung eines Patents" and " Erfinderbenennung " (form for naming the inventor), together with three identical copies of the patent claims, the description, the drawings as well as the text and the drawing of the abstract on separate sheets. Applications can also be filed in a language other than German. In that case, however, a German translation must be submitted within a period of three months after filing. Applicants having neither a domicile nor an establishment in Germany must appoint a patent attorney or an attorney at law in Germany as representative. This representative may also be a national of a member State of the European Union or of a State party to the Agreement on the European Economic Area, provided that a patent attorney or attorney-at-law, resident in Germany, has been authorised to receive service of official communications. |
| step 3 |
We will send you a receipt containing the official file number and the filing date of your application. If you have appointed a representative, the receipt will be sent to your representative. |
| step 4 |
After receipt of the filing fee, we will examine your application to see if it complies with the formal requirements and also carry out a check for obvious defects. The patent application is usually published 18 months after the filing date or priority date on the electronic publication platform DPMApublikationen . |
| step 5 |
The mere filing of an application does not result automatically in the examination as to patentability. This examination must be requested separately. If you have filed examination request and paid the appropriate fee for this request, a technical examiner will examine whether the content of your application is patentable, i.e. new, involves an inventive step and commercially applicable. |
| step 6 |
If the application complies with the prescribed requirements, if defects have been remedied and if the subject matter of the application is patentable, a patent will be granted. The legal effects of the patent enter into force with the publication of the grant in the Patent Gazette . Simultaneously the patent specification will be published. It includes the patent claims, the description and the drawings on the basis of which the patent has been granted. Within three months from the publication of the grant, any person may give notice of opposition to the patent. |
| step 7 |
More information is available at "Informationen for Patent Applicants" and "Ordinance on Patent Procedures before the German Patent and Trade Mark Office (Patent Ordinance)" . |
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Innovaccess is a constituent part of the IP Awareness and Enforcement: Modular Based Actions for SMEs project (IPeuropAware) which is co-financed by the CIP Programme, DG Enterprise and Industry of the European Commission