Filing - Documents and Information required

Patents

Trademarks

1. German Patent Applications

2. European Patent Applications

3. PCT - Regionalization:  Entry into the regional Phase before the European Patent Office as    designated Office    or     elected Office

4. Validation of European Patents in Germany

1. European Union Trademarks
(CTM Applications)

2. German Trademark Applications

Utility Models

Design Registrations

1. German Utility Model Applications

1. German Design Registrations  (Geschmacksmuster)

2. International Design Registrations

D/I

Document or Information

when required

copies

D

specification and drawings in any language, a translation has to be filed within 3 month of the filing date

on filing

1

I

name and adress of the applicant (s)

on filing

-

I

where applicable: declaration that invention has been displayed on an international exhibition (certificate within 4 month of the date of filing)

on filing

-

I

name and adress of the inventor (s) and  statement as to how the applicant aquired the rights to the invention

within 15 months after the earliest date of priority

-

I

Convention priority -  12 month:
state, date and file no.(s) of previous filing

within 16 months after the earliest date of priority

-

D

priority document (s) (copies of the previous application (s), certification not required)

within 16 months after the earliest date of priority

1

D

translation of the priority document (s)
only if the German Patent and Trade Mark Office requires the applicant to submit it

time limit fixed by GPTO

1

I

internal priority  - 12 month:
file no.(s) and date of previous filing

within 2 months after the date of application

-

I

request for examination

within 7 years of the date of filing

-

D

power of attorney, not required when the application is filed by a patent attorney, foreign applicants must appoint a representative

-

(1)

D/I

Document or Information

when required

copies

D

specification, claims and drawings in any language, a translation has to be filed within 3 month of the filing date

on filing

1

I

name and adress of the applicant (s)

on filing

-

I

declaration that application has been branchched off from a German or an EP or PCT application designating Germany

on filing

-

I

request for deferment of registration by up to and including 15 month

on filing

-

I

Convention priority -  12 month
( 6 month where based on a foreign design registration or design patent ):
state, date and file no.(s) of previous filing

within 16 months after the earliest date of priority

-

D

priority document (s) (copies of the previous application, certification not required)

within 16 months after the earliest date of priority

1

D

translation of the priority document (s)
only if the German Patent and Trade Mark Office requires the applicant to submit it

time limit fixed by GPTO

1

I

internal priority  - 12 month
file no.(s) and date of pevious filing

within 2 months after the date of  filing

-

I

exhibition priority  -  6 month
(accumulation with other priorities not possible)

at any time even after registration

-

D

power of attorney not required when application is filed by a patent attorney, foreign applicants must appoint a representative

-

(1)

D/I

Document or Information

when required

copies

D

specification, claims, drawings and abstract in English, French, or German; nationals of the EPC Member States may file in the language of the respective State, but a translation into an official language  has to be filed within 3 month of the filing date

on filing

1

I

name and adress of the applicant (s)

on filing

-

I

where applicable: declaration that invention has been displayed on an international exhibition (certificate within 4 month of the date of filing)

on filing

-

I

Convention priority -  12 month:
state, date of previous filing

on filing

-

I

name and adress of the inventor (s)

within 16 months after the earliest date of priority

-

D/I

priority document (s)
( certified ), no priority documents required where the previous application is an EP, EP-PCT, JP or JP-PCT (patent or utility model ) application;
file no. (s)

within 16 months after the earliest date of priority

1

D/I

translation of the priority document (s) or declaration that application is a complete translation of the previous application

time limit fixed by the EPO

1

I

designation (s) of contracting States (AT, BE, BG, CH, CY, CZ, DE, DK, EE, ES, FI, FR, GB, GR ,HU, IE, IT, LI, LU, MC, NL, PL, PT, RO, SE, SI, SK, TK+ extensions AL, LV, LT, MK )

within 6 months after the date on which the EP bulletin mentions the publication of the search report

-

D

power of attorney, not required when application is filed by a patent attorney, EP foreigners must appoint a representative

-

(1)

D/I

Document or Information

when required

copies

D

translation of the application documents as originally filed into English, German or French

within 31 months of the earliest date of priority *

1

D

translation of the priority document (s)

before grant

1

I

where the claims have been amended (Art. 19 PCT ): information as to wether the EP proceedings are to be continued on these claims or those as originally filed

within 31 months of the earliest date of priority *

-

D

where EP proceedings are to be based on amended claims (Art. 19 PCT ): translation of these claims

within 31 months of the earliest date of priority *

1

D

if EP proceedings are to be based on amended documents (Art. 28 PCT ): copies thereof

within 31 months of the earliest date of priority *

1

I

designation (s) of contracting States ( AT, BE, BG, CH, CY, CZ, DE, DK, EE, ES, FI, FR, GB, GR ,HU, IE, IT, LI, LU, MC, NL, PL, PT, RO, SE, SI, SK, TK + extensions AL, LV, LT, MK )

within 31 months of the earliest date of priority *

1

D

power of attorney not required when application is filed by a patent attorney, EP foreigners must appoint a representative

-

(1)

D/I

Document or Information

when required

copies

D

translation of the application documents as originally filed into English, German or French

within 31 months of the earliest date of priority

1

D

translation of the priority document (s)

before grant

1

D

translations of any annexes to the international prelimnary examination report

within 31 months of the earliest date of priority

1

D

if EP proceedings are to be based on amended documents (Art. 41  PCT ): copies thereof

within 31 months of the earliest date of priority

1

I

designation (s) of contracting States ( AT, BE, BG, CH, CY, CZ, DE, DK, EE, ES, FI, FR, GB, GR ,HU,  IE, IT, LI, LU, MC, NL, PT, RO, SE, SI, SK, TK + extensions AL, LV, LT, MK )

within 31 months of the earliest date of priority

1

D

power of attorney
not required when application is filed by a patent attorney, EP foreigners must appoint a representative

-

(1)

D/I

Document or Information

when required

copies

D

translation of the specification, claims and drawings into German

3 months after mention of the grant in the EP bulletin

1

I

application no., publication no., name and adress of the applicant, title of the invention (e.g. front page of the EP patent)

 3 months after mention of the grant in the EP bulletin

1

D

power of attorney
not required where applicant is represented by a patent attorney, foreign applicants must appoint a representative

-

-

D/I

Document or Information

when required

copies

D

list of goods and/or services
in any language, a translation must be filed within 3 month of the filing date, certified by a patent attorney or translator

on filing

1

I

word marks: indication of the trademark

on filing

-

D

pictures, graphic arrangements or trade marks in colours: two-dimensional representation of the trade mark (maximum size:  26.2cm x 17 cm)

on filing

5

D

three dimendional trade mark: two-dimensional representations of the trade mark (up to six views; photos or drawings)

on filing

5

I

colour trade marks: definition of the colours, eg. by samples or colour numbers

on filing

-

D

sound trade mark: two-dimensional representation of the trade mark plus recording

on filing

5

I

name and adress of the applicant (s)

on filing

-

I

Convention priority -  6 month:
state, date of previous filing

within 2 months after the filing date

-

D/I

priority document (s) and file no. (s)

2 months time limit fixed
by the GPTO

1

D

translation of the priority document (s)
only if the German Patent and Trade Mark Office requires the applicant to submit it

time limit fixed by GPTO

1

I

exhibition priority  -  6 month
(no accumulation with other priorities, evidence material has to be submitted to the GPO)

within 2 months after the filing date

-

D

power of attorney not required when application is filed by a patent attorney, foreign applicants must appoint a representative

-

(1)

D/I

Document or Information

when required

copies

D

list of goods and/or services
in any of the official languages of the European Union

on filing

1

I

word marks: indication of the trademark

on filing

-

D

pictures, graphic arrangements or trade marks in colours: two-dimensioanal representation of the trade mark (max.size: 26.2cm x 17 cm)

on filing

5

D

three dimendional trade mark: two-dimensional representation of the trade mark (up to six views, photos or drawings)

on filing

5

D

sound trade mark: two-dimensional representation of the trade mark plus recording

on filing

5

I

colour trade marks: definition of the colours, eg. by samples or colour numbers

on filing

-

I

name, nationality and adress of the
applicant (s)

on filing

-

I

Convention priority -  6 month:
state, date of previous filing

within 2 months after the filing date

-

D/I

priority document (s) and file no. (s)

3 months after the declaration of priority

1

D

translation of the priority document (s)
only if the Office  the applicant to submit it

time limit fixed by the OHIM

1

I

exhibition priority  -  6 month
( no accumulation with other priorities, official exhibition certificate has to be submitted to the OHIM within 3 month after declaration of priority)

within 2 months after the filing date

-

D

power of attorney required

time limit fixed by the OHIM

1

D/I

Document or Information

when required

copies

D

representation (s) of the design (s)
up to 50 designs in one class in one collective application; minimum size: 4 X 4 cm; best quality recommended, exchange of representations not possible after filing

on filing

4

I

name and adress of the applicant (s)

on filing

-

I

optional: request for deferment of registration by  18 month

on filing

-

I

Convention priority -  6 month:
state, date of previous filing and file no.(s)

within 16 months after the earliest date of priority

-

D

priority document (s)
certification not required

within 16 months after the earliest date of priority

1

D

exhibition priority  -  6 month
( no accumulation with other priorities)

at any time even after registration

-

D

power of attorney not required where application is filed by a patent attorney, foreign applicants must appoint a representative

-

(1)

D/I

Document or Information

when required

copies

D

representation (s) of the design (s)
up to 100 designs in one class in one collective application; minimum size: 3 cm in one dimension, max. size 16 cm x 16 cm;

on filing

3

I

name, nationality and adress of the
applicant (s)

on filing

-

I

request for deferment of registration by up to and including 12 month

on filing

-

I

Designation of States
( BG, BJ, BX, CH, CI, DE, FR, GR, HU, IT, KP, LI, MC, MD, MK, MN, RO, SI, SN, SR, YU) protection available only to those who have the nationality of, or their residence or real and effectiv commercial or industrial establishment in one of these States

on filing

-

I

Convention priority -  6 month
State, date of previous filing and file no.(s),
no priority document required

on filing

-

I

International exhibition
place and date when designs were first shown there

on filing

-

D

power of attorney required

-

1

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