Overview of the legal framework

Germany’s IP system is based on the “protection of property rights” principle set out in Article 14 of the Basic Law, and the main legislation includes:

• Patent Act (Patentgesetz, PatG)

• Trade Mark Act (Markengesetz, MarkenG)

• Design Act (Designgesetz, DesignG)

• Utility Model Act (Gebrauchsmustergesetz, GebrMG)

• Copyright Act (Urheberrechtsgesetz, UrhG)

• Act on the Protection of Trade Secrets (Gesetz zum Schutz von Geschäftsgeheimnissen, GeschGehG)

The competent authority is the German Patent and Trade Mark Office (DPMA), which reports to the Federal Ministry of Justice (Bundesministerium der Justiz).
Germany is a member of WIPO, the PCT, the Madrid System, the Hague Agreement, the Paris Convention and TRIPS,
and benefits from the dual-layer protection system of the EPO (European Patent Office) and the EUIPO (European Union Intellectual Property Office).

International cooperation and system alignment

• Germany’s patent system is highly aligned with the EPO; a European patent may automatically take effect in Germany after grant;

• Trademarks and designs can obtain regional protection via EUIPO;

• Germany has established PPH fast-track examination mechanisms with JPO, USPTO, CNIPA and other offices;

• Germany’s court system – in particular the courts in Düsseldorf, Munich and Mannheim – is among the most active IP litigation venues in the world.

Trademark system

Filing routes

• National trademark applications can be filed directly with DPMA;

• Alternatively, file a European Union trade mark (EUTM) via the European Union Intellectual Property Office (EUIPO), which automatically takes effect in Germany;

• Or designate Germany under the Madrid Protocol.

Classification standard

• Applies the Nice Classification;

• Both single-class and multi-class applications are accepted.

Examination procedure

• Formality examination: around 1–2 months;

• Substantive examination: around 6–9 months;

• Opposition period: 3 months from the date of publication.

Use and renewal

• Registration term: 10 years, renewable indefinitely;

• Non-use for a continuous period of 5 years may result in cancellation.

Examination features

• Examination language: German (an English translation may be submitted if needed);

• Focuses on distinctiveness and conflicts with earlier rights;

• Oppositions are decided by the DPMA’s opposition divisions, and appeals may be brought before the Federal Patent Court (Bundespatentgericht);

Patent system

Types of protection and term

• Invention patents (Patent): 20 years from the filing date;

• Utility models (Utility Model): 10 years from the filing date.

Examination system

• Substantive examination system;

• Average examination period: around 24–36 months;

• Examination language: German.

International routes

• Germany is a PCT contracting state; international applications can enter the German national phase via the PCT;

• Applicants may also obtain protection via a European patent filed with the European Patent Office (EPO), which can take effect in Germany;

• Supports the Patent Prosecution Highway (PPH) for accelerated examination.

System features

• Applies the “first-to-file” principle;

• Divisional and continuation applications are permitted;

• High level of transparency in examination, with files available for online inspection;

• Post-grant patent disputes fall under the jurisdiction of the Federal Patent Court (Bundespatentgericht);

• Strict annual renewal fee regime.

Design protection (designs)

Legal basis

• Design Act (Designgesetz, DesignG).

Scope of protection

• The external appearance of a product, including its shape, lines, colours, textures, ornamentation and visual features;

• Covers industrial products, graphical user interfaces (GUIs) and handicraft designs.

Term of protection

• Up to 25 years from the filing date, with renewal every 5 years.

Examination procedure

• Examination period: around 2–3 months;

• Only formality examination is carried out; novelty and creativity are not examined;

• Examination language: German.

System features

• A single registration is valid throughout Germany;

• Multiple designs may be combined in a single application;

• International design applications can be filed under the Hague Agreement;