Patents

A patent can protect substances, apparatus and methods, as long as they are novel, based on an inventive step and industrially applicable. The maximal term of protection of a patent is 20 years.

An important requirement for grant of a patent is novelty of the invention. The invention must not be published before filing a patent application. Neither the European Patent Convention nor the German Patent Law provides a grace period for patents, as is provided in other countries. This is in contrast to the grace period of the German law of utility models or design patents.

Patent applications are examined before being granted, beginning with a search for prior art published before the filing date or priority date. During examination the applicant can limit the invention over the prior art in reply to one or more office actions by amending the claims or the description within the original disclosure of the application.

Within 12 month after the filing date or the priority date subsequent applications in many countries can be filed by claiming the priority of the first application.

A patent application is published 18 months after the filing date or the priority date. For maintaining the patent application or the patent renewal fees have to be paid beginning from the third patent year.

Before a patent is granted and to refuse a patent application third party observations against the patentability can be filed. After grant of a patent and to revoke this patent an opposition can be filed during the respective opposition term (Germany: 3 months; Europe: 9 months). After the opposition term and during the whole term of protection, nullity proceedings are available for revoking a patent.