General IP Terms
This page presents a detailed explanation of terms used in the Intellectual Property (IP) field.
European Patent Office
The European Patent Office with subsidiary offices in The Hague, Vienna and Berlin has its headquarters in Munich in the Erhardtstrasse and at the Pschorrhöfe. The EPO has been accepting applications since 1978 and is responsible for European patent applications and Euro-PCT applications (i.e. PCT applications designating "Europe").
A list of the current member states of the European Patent Convention can be found at the member state page of the EPO. The three official languages of the EPO are German, English and French.
Grant of a European patent becomes effective after successful examination following a request for examination and payment of the fee therefore made within six months after publication of the results of the previous, obligatory search, also entailing payment of a fee, and if no opposition has been submitted within the opposition time limit of nine months after publication of grant of a patent. The grant becomes effective for those states for which a translation has been submitted, within a set time limit, into the official language of this country.
Protection is also available for the so-called extension states.
After grant of a European patent, annuities must be paid to the patent offices of the respective states.
The European Patent Office offers further detailed information on expressions used in the field of European patent applications.
Design Patents
One or more designs included in one application for two-dimensional or three-dimensional configurations and comprising drawings and/or photos can be filed at the German Patent and Trademark Office. Examination of only formal aspects takes place as a precondition of registration. Novelty and distinctiveness have, however, to be proven at a Regional Court to establish the design over competitors. The Design Act provides for a six-month novelty grace period before the date of application (or before priority date, resp.) so that publication by the applicant in this time period does not destroy novelty. The design may be renewed in increments of five years to a maximum of 20 years from the date of application. Pursuant to The Hague Design Convention an internationally registered design patent can be requested within the six-month priority time limit with submission of a priority document at WIPO in Geneva for the states belonging to this Convention (similar to IR marks).
Trademarks
Trademarks are registered at the German Patent and Trademark Office after successful examination of a German trademark application for absolute or unconditional bars to registration (up until December 31, 1994 a considerably more restricted Trademark Act was in force) if the trademark includes a List of Goods and/or Services with international classification and having as subject matter words and/or letters and/or numbers and/or a two-dimensional or three dimensional representation or a graphic reproduction of a sound mark. Registration is effected without prior official examination of relative bars to registration (identical or similar prior marks) by the GPTO. If no opposition is filed by a third party on the basis of identical or similar marks for identical or similar goods or services within an opposition time limit of three months after publication of the registration, the trademark stays registered for a first period of ten years from the date of application. Protection can be renewed for a fee, as in most countries, by a further ten years and as often as desired. A registered trademark may be marked with an ®.
Patents
A patent is granted by the German Patent and Trademark Office after successful examination of a German patent application for novelty (world-wide unconditional definition of novelty), technical applicability and inventive step over relevant prior art by an Examiner (having a science degree from a university and five years of professional experience) if within the seven-year examination term starting with the date of application a request for examination is made and the fee therefor paid and if the annuities due starting with the third year after the date of application have been paid as due. Opposition can be filed by a third party within three months after the date of publication of the grant of the patent. A patent grants a monopoly right for a period of up to a maximum of 20 years after the date of application for exclusive use of the technical teaching protected by the patent, as defined in the patent claims and described in the patent specification and the figures of the patent drawings. A patented product and/or method may, within Germany, be marked "patent", "German patent no. ...", Pat. DE ..." or "patented".
German Patent and Trademark Office
(see also European Patent Office)
The German Patent and Trademark Office (GPTO) with subsidiary offices in Berlin and Jena has its headquarter in Munich, Zweibrückenstr. 12. The GPTO is responsible for applications and administration of patents (see Patents), utility models, trademarks (see Trademarks), design patents (see Design Patents), topography and semiconductor protection, protection extension certificates of pharmaceuticals and for the examination or registration procedure to be respectively applied and for issuing decisions which can be contested by appeals to the Federal Patent Court. Further the copyright register is maintained at the GPTO for allocation of pseudonyms, and the arbitration board for contests arising from the Law on Employee's Inventions is with the GPTO. Requests for international registration of trademarks and design patents can also be filed at the GPTO. Further the GPTO accepts requests for European patent applications, PCT applications and for Community trademarks and forwards these to the respective authorities. The industrial property rights registered or granted by the GPTO are not only commercial monopolies, but can also be exploited in commercial dealings as assets, i.e. intangible property.
The web site of the German Patent and Trademark Office offers further detailed information on expressions used in the field of patents (in German).
Patent Attorney
The profession of patent attorney requires a specialized education. After obtaining a university degree in a technical/science field, as a rule at a technical university, and after one year of practical experience in an employed position, a prospective patent attorney or a patent assessor must assume the training as a patent-attorney trainee (or "candidate"). This training must span at least 22 month. During this time specialized legal studies have to be completed at the Correspondence University of Hagen (Fernuniversität Hagen). After having passed the stage of patent-attorney trainee, the candidate receives further training at the German Patent and Trademark Office for two months and at the Federal Patent Court for six months. Thereafter an examination must be passed which is held by an examining board of patent attorneys, patent assessors, patent examiners and patent court judges. Success in this examination entitles the trainee/candidate to assume the title of "patent assessor". Patent assessors are as a rule employed in the patent departments of large industrial companies. After proof has been submitted of employment for six months in a patent attorney's office the assessor may request admission as a patent attorney in private practice. At present there are about 2000 patent attorneys registered in Germany. A patent attorney is entitled to advise in all legal matters concerning industrial property rights and other fields related to science and technology. The completion of three years of training in the European patent field and the passing of the examination at the European Patent Office leads to the title "European Patent Attorney".