Filing a German or European patent application

Patents and utility models protect your invention against imitation

In order to patent an invention idea, it must solve a technical problem. Therefore, patents are used in particular for technical products and processes. Business models and software can also often be patented as processes and thus enable undreamt-of economic opportunities.

The following requirements must be met to apply for a patent:

• the invention must solve a technical problem
• the invention must be novel and inventive
• the invention must be commercially applicable

Patents secure your technological lead for up to 20 years

Companies with many patents are considered particularly innovative. This applies to corporations and medium-sized companies as well as start-ups. In these cases, patents are often even a basic prerequisite for the winning of investors.

Patents offer many advantages:

• Exclusive rights of use for your own technology
• Basis for claims for royalties, injunction and damages
• Significantly strengthened negotiating position vis-à-vis business partners, investors and competition

With the right filing strategy we can file your patent (inter)nationally

Patents can be filed nationally and internationally through various channels. Since the chances of a patent being granted can often only be reliably assessed after the first official examination communication, a step-by-step procedure is often recommended.

In 3 steps to your international patent:

1. First filing with the German Patent and Trade Mark Office (DPMA), which performs cost-effective and high-quality examination according to German standards.
2. Evaluation of the prospects of success and, if necessary, adjustment of the patent claims
3. Subsequent application at the European Patent Office (EPO) as a regional EP application (optional for most European countries) or internationally as a PCT application (optional for most industrial nations worldwide)

Further national patent applications or combinations of the listed options are also possible. It is therefore important to choose an application strategy that is tailored to your individual needs.

The patent application must be prepared for maximum broad protection

Your invention idea must not be published before the filing date. You should therefore always use an NDA (Non-Disclosure Agreement) for each presentation. If the invention idea was inadvertently published before the application was filed, a utility model or design may still be able to provide effective protection.

A very important factor for success is the technical understanding of your patent attorney. Only if your patent attorney understands your invention in detail, a promising patent application with a maximum of broad scope of protection can be prepared, which will stand up to litigation even in 20 years. Otherwise, the patent may be invalidated retroactively.

The final grant of your patent takes at least 12 months

From the initial consultation to the filing of the patent application often only days or a few weeks pass, depending on the complexity.

After approx. 9 months, the first examination report can be expected. After that the adjustment of the patent claims and exchange between attorney and office will start. The aim is to achieve the broadest possible protection despite comparable products on the market.

The final grant of the patent can be expected after 12 months at the earliest, usually only after 1.5 - 2 years. However, the property right can be claimed retroactively after grant.

The well-founded drafting of a patent application costs about 3.000-5.000 EUR

What is always desired is the broadest possible patent protection. For this purpose, the patent attorney abstracts the individual technical features of the invention idea and prepares the patent application with the so-called patent claims. These form the basis for a successful application as well as for any necessary adaptations during the examination and in later opposition/nullity proceedings against your patent.

The well-founded drafting of a patent application is complex and realistically costs approx. 3.000-5.000 EUR. When filing at the German Patent and Trademark Office, approx. 500 EUR official fees (incl. examination request, depending on the number of claims) are added. Depending on the duration of the granting procedure, the total cost of a national German patent is thus expected to be approx. EUR 4,500 to 8,500 plus VAT.