How to Get a German Patent

If you have an invention, you should immediately seek patent protection for it. Seeking patent protection in Germany is similar to seeking patent protection in most other countries. There is one important difference, however, with the patent law of the United States: German patent protection is based on a "first to file"system, while the US patent system is based on a "first to invent" system. Consequently, obtaining patent protection in Germany is a race to the European patent office, although prior filing in certain other countries will buy you more time to file in Germany.

Difficulty: Challenging

Instructions

Things You'll Need:

• Diagrams and specifications of your invention

1. Establish through convincing written argument that your invention is "novel." An invention qualifies as "novel" if it contains a unique feature that you invented before anyone else did. Keep in mind that any aspect of your invention that is not novel cannot be patented. features The best way to determine whether or not your invention is novel is to search for prior art and issued patents on the website of the European Patent Office.

2. Establish that your invention is "useful." Scientific theories with no practical application cannot be patented, and neither can abstract ideas. Your invention must perform a specific function and must be capable of reduction to a tangible form.

3. Establish that your invention is "non-obvious." This means that it must not only be novel, but must also include an inventive leap that is less than obvious to the average competent practitioner in the field. It is at this stage of your application that you must focus on exactly where your genius lies and why your invention could not have been invented by just anybody.

4. Describe your invention in minute detail, including any useful diagrams and drawings. Your description should be so exhaustive that a competent specialist in the field could build a prototype of your invention by relying on your description.

5. Finalize your patent application. You will have to pay an application fee of several hundred dollars (the amount varies). Include your name and address, place of incorporation (if it is a corporate filing), name, address and citizenship of the inventor, name of the invention, abstract and description of the invention, claims (why your invention is novel, useful and non-obvious), drawings and specifications, copies of previous applications in other jurisdictions, and a certified priority document if you filed for patent protection elsewhere first. Your application may be submitted in English.

6. Submit your completed patent application to the European Patent Office (EPO) in Munich, Germany, which will review your application and grant a patent that is valid for all contracting states of the European Patent Organization, including Germany.

7. Translate your application into German and submit it to the EPO within three months of your original filing.

8. Answer objections and requests for clarification from the EPO over the next few months. Expect a lot of back-and-forth communication and several revisions of your application.When your patent is issued, its effectiveness will be retroactive to the date of original filing.

Tips & Warnings

• Although your patent will be granted by the European Patent Office, it is the German courts rather than the EU administrative organs that will be responsible for enforcing your patent rights in Germany.
• If you file for patent protection overseas (in the United States, for example) before filing for patent protection in Germany, your invention will be publicized overseas and you will run the risk that someone in Germany will steal your invention. In order to protect against this, you will need to file for German patent protection within 12 months of your first overseas filing.

Resources

• European Patent Office

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• How to Patent Your Idea Online - LegalZoom