Filing with the DPMA establishes your priority date and starts a formal review of your application's paperwork, but substantive examination of novelty and inventive step only begins once examination is requested within seven years of filing.
What Patent Protection Covers in Germany
New products, processes, apparatus, and methods that solve a technical problem and meet the novelty and inventive step requirements.
The right to stop others from making, using, selling, or importing your invention in Germany for up to 20 years from the filing date.
Brealant helps you decide whether a full patent, a utility model, or both give your invention the strongest protection.
Limitations — What Patent Protection Cannot Guarantee
Strict Novelty Requirement
Any public disclosure of your invention before filing, including your own, can destroy patentability in most cases.
Excluded Subject Matter
Discoveries, scientific theories, mathematical methods, business methods, software as such, and purely aesthetic creations are excluded.
Examination Must Be Requested
An application that never has examination requested within seven years is treated as withdrawn.
Territorial Scope
A German patent only protects your invention within Germany.
Brealant explains these limitations clearly so you know exactly what your patent protects — and what it doesn't.
No. Substantive examination must be separately requested within seven years of filing, or the application is deemed withdrawn.
A patent undergoes substantive examination for up to 20 years of protection; a utility model is registered without examination for up to 10 years, and cannot cover processes.
Yes. A European patent granted by the EPO can be validated in Germany, giving it the same effect as a nationally granted German patent.
Discoveries, scientific theories, mathematical methods, business methods, software as such, and purely aesthetic creations are excluded.
Timing varies widely, but from filing to grant commonly takes two to four years or more, depending largely on when examination is requested.
For expert guidance on IP, patents, and trademark registration, explore Brealant's blog.
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