We prepare and prosecute patent applications for companies, research institutions and foreign patent firms. Our team combines German patent attorneys and attorneys-at-law specialised in intellectual property, several with technical degrees in engineering, physics or chemistry.
Routes to protection
| Route | Office | Effect |
|---|---|---|
| German patent | DPMA, Munich | Germany, full substantive examination, up to 20 years |
| German utility model | DPMA | Germany, registered without substantive examination, up to 10 years, 6-month grace period for own disclosures |
| European patent | EPO | Up to 39 EPC member states after validation |
| Unitary Patent | EPO | One title for 18 EU member states, enforced before the Unified Patent Court |
| PCT application | WIPO, EPO or DPMA as receiving office | Option for more than 150 states, national/regional phase after 30 months (EPO: 31 months) |
German applications
A German first filing is inexpensive and secures the priority date for later European and international filings within twelve months. The DPMA offers an optional search report, which helps decide on foreign filings before the priority year ends. A request for examination can be filed up to seven years after filing. Applicants resident in Germany should note that applications that may contain state secrets must be filed with the DPMA first.
PCT national phase in Germany and regional phase at the EPO
We regularly act for foreign firms on entry into the German national phase and the European regional phase. For the German phase, a German translation must be filed within 30 months from priority; for the EPO, entry is due within 31 months. Utility models can also be branched off from a European or PCT application designating Germany, which is a useful tool when a competitor is already on the market.
Validation and Unitary Patent
After grant of a European patent, the patentee may request unitary effect within one month or validate in individual states. Germany requires no translation for European patents. We advise on the most cost-effective combination, including opt-out decisions for the Unified Patent Court.
Software and AI
Computer-implemented inventions are patentable in Germany and at the EPO if they solve a technical problem by technical means. Following the German Federal Court of Justice’s DABUS decision of 2024, an AI system cannot be named as inventor; a natural person who used the AI can.
Patent filing timeline: from first filing to grant
Most strategies start with a single priority filing, usually at the DPMA or the EPO. From that date the clock runs as follows:
- 12 months: last day to claim priority for European, PCT and national foreign filings (Art. 87 EPC, Art. 4 Paris Convention).
- 18 months: the application is published. Anything you add later counts only from its own filing date.
- 30 or 31 months: entry into the German national phase or the European regional phase of a PCT application.
- Six months after the European search report is published: the request for examination and the designation fees fall due at the EPO (Rule 70(1) EPC).
- Four months after the communication under Rule 71(3) EPC: approval of the text for grant, payment of the grant fee and filing of claim translations.
At the DPMA, examination only starts once requested, which can be done up to seven years after filing. If you need a granted German patent quickly, for example to enforce it, file the request for examination together with the application.
Filing in Germany as a foreign applicant
The DPMA accepts applications in any language. A German translation must be filed within three months; for applications in English or French the period is twelve months from filing, but no later than 15 months from the priority date (§ 35a PatG). If the translation is late, the application is deemed withdrawn.
An applicant with no residence, seat or establishment in Germany can only take part in proceedings before the DPMA and the Federal Patent Court through an appointed representative, in practice a patent attorney or attorney-at-law (§ 25 PatG). The EPO applies a similar rule: applicants without residence or principal place of business in an EPC contracting state must be represented by a professional representative for all acts after filing (Art. 133(2) EPC).
Common mistakes in European patent prosecution
The most expensive mistakes are usually made before or at filing. Neither German nor European patent law has a general grace period. A product shown at a trade fair, a conference paper or a sales offer before the filing date can destroy novelty. Only the German utility model gives inventors six months for their own disclosures.
Applications drafted for the US often run into difficulties at the EPO. The EPO strictly prohibits added matter under Art. 123(2) EPC: amendments must be directly and unambiguously derivable from the application as filed. Fallback positions should therefore be written into the description from the start, with combinations of features that you may later need as claims. Inventive step is assessed with the problem-solution approach, so the description should explain the technical effect of the distinguishing features. A description that only lists embodiments without stating what they achieve leaves the examiner to define the problem, often in a way that does not help the applicant.
A third mistake is to let the priority year end without a decision. The search report from the DPMA or the EPO usually arrives in time to assess the prospects before committing to foreign filings. Official fees for each route are listed on our page on official fees for DPMA, EPO and PCT.
Once a European patent is granted, competitors have nine months to file an opposition. Our page on oppositions, appeals and nullity actions explains how to prepare for this stage.
Frequently asked questions
How long does it take to get a patent granted in Germany?
The duration depends on when examination is requested and on the technical field. If the request is filed together with the application, the DPMA issues a first office action much earlier than if the applicant waits. Grant proceedings at the DPMA and the EPO usually take several years. A German utility model is registered much faster, as it is not examined on substance.
Can a foreign company file a German patent application in English?
Yes. The DPMA accepts the English text as the filing, and the applicant then has twelve months from filing, and no more than 15 months from priority, to submit a German translation. The applicant must appoint a representative in Germany if it has no seat or establishment there.
Should I file a German patent application or a European patent application first?
A German first filing has low official fees and gives a search report within the priority year if the search is requested early. A European first filing makes sense where protection in several European states is already certain. Many applicants combine both: German first filing, then a European or PCT filing claiming priority within twelve months.
Can I patent my invention after showing it at a trade fair?
In most cases not. Germany and the EPO have no general grace period, so your own disclosure becomes prior art. The exception is the German utility model, which disregards your own disclosures made within six months before filing.
What happens if I miss the 31-month deadline for the European regional phase?
At the EPO, further processing is available for most missed acts on entry into the regional phase, subject to a fee. If that period is also missed, re-establishment of rights requires that all due care was taken. Act early, as the requirements for re-establishment are strict.
Instruct us with a filing
Tell us briefly what you need. You will receive an initial assessment of the approach, deadlines and costs. Phone +49 511 357356-0 or use our enquiry form.