German patent application

Categories:

Author:

Source:

Release time:2016-05-12

1.Overview of German Appearance Patent Applications

The German Patent and Trademark Office implements a formal examination system for designs, and the publication of a design or the dissemination of products using the design is registered if it does not violate public order or social good customs.

 

2.German patent application type:

Invention patent: the technical scheme of the new method proposed for the improvement of the technical structure, method, process flow or process parameters of the product;

Utility model patent: a new technical scheme suitable for practical use for the shape, structure or improvement of its combined technical characteristics of the product;

Appearance design: a new design for the shape, pattern or combination of the product, as well as the combination of color, shape and pattern, which is full of aesthetic feeling and suitable for industrial application.

 

3.Application for appearance patent required information:

1,The application, which shall state the name and address of the designer and the applicant in English and Chinese (and the name of the legal representative if the applicant is a legal person), the date of submission, the name of the invention and the date of priority (if priority is claimed);

2,Design of goods;

3,Six-sided appearance drawing;

4,Name and address of applicant and designer (in Chinese and English)

5、If priority is claimed, the priority document shall be filed, including a certified copy of the earlier application;

6,If an agent is entrusted, a power of attorney should be submitted.

 

Appearance patent application process:

1,Receipt acceptance time: 2 months

2,Authorization time: 4-6 months

3,Validity period: 25 years (valid for 5 years, renewable every 5 years, a total of 4 renewals, a total of 25 years of protection) 4. Claim priority (if any): 1). An application for the right of priority is filed within six months from the date of filing of the first application in another country. 2). The right of priority may be claimed within 16 months from the date of priority of the application.

 

4. to apply for a patent for invention:

Information required to apply for a patent for invention:

1.Patent specification (translation required)

2.the name of the invention;

3.Name and address of applicant and inventor (in Chinese and English)

4. Place of priority application, application number and date of application (if priority is claimed), priority supporting documents and their English translation.

5. Letter of appointment.

 

application for invention patent process:

1,Submission of application: 2 months to receive official receipt;

2,Search: If the applicant requests an independent search, the examiner is required to conduct a comprehensive (limited) search of the relevant prior art to determine which published (prior art) documents can be considered to determine the patentability of the invention claimed by the application. After the search report (with copies of all cited documents) is delivered to the applicant, the search procedure is concluded.

3,Publication: For applications that have passed the preliminary examination procedure, they shall be published 18 months after the date of application (from the priority date if they have priority).

4,Substantive review: Absolute novelty review.

5、Authorization: An invention patent application is granted if it meets the formal and substantive requirements described above. Within three months of the publication of the patent grant, any third party has the right to object to the granted patent.

6,To claim priority (if any):

1)An application to claim priority is filed within 12 months from the date of application of the first application of another country.

2)The right of priority may be claimed within 16 months from the date of priority after the application.

3). Domestic priority is claimed within 12 months from the date of the filing of the previous case, and the previous case must be waived.

Time required for invention patent registration: 3-4 years (from the filing date or priority date).

8. Validity period: 20 years from the date of application (annual fee shall be paid annually from the 3rd year from the date of application).

 

5. to apply for a patent for a utility model:

Information required to apply for a utility model patent:

1,The application, which shall state the names and addresses of the inventor and the applicant (and the name of the legal representative, if the applicant is a legal person), the date of filing, the name of the invention and the date of priority (if priority is claimed);

2,Patent specification (translation required)

3,Name and address of applicant and inventor (in Chinese and English)

4,If necessary, drawings shall be provided;

5、Summary;

6,If priority is claimed, the priority document shall be submitted, including a certified copy of the earlier application and its translation into German;

7,If an agent is entrusted, a power of attorney should be submitted.

 

application for utility model patent process:

1. Application time: 6-14 months can be authorized.

2. Claim of priority (if any): An application to claim priority within 12 months from the date of application of the first application in another country.

3. Censorship: A novelty investigation may be requested separately.

4. Patent maintenance fee: paid four or 7. years ago from the date of application.

5. Patent term: 10 years from the date of application.