PCT NATIONAL PHASE ENTRY
Germany

Typically, the European patent, available for several decades, is commonly enforced in just one to three countries, with Germany consistently included in this selection. Therefore, choosing the more cost-effective protection offering exclusive rights specifically within Germany often proves strategically viable. In 1877, Germany created the first place in Berlin to protect ideas and inventions, named the "Imperial Patent Office." After World War I, it became the "Reichspatentamt," and in 1949, it reopened in Munich as the "German Patent Office." On January 24, 1978, Germany joined the Patent Cooperation Treaty (PCT) as a contracting state. 

The major requirements and procedure to file a patent application in Germany are mentioned below:

The designated period for submitting a patent application in Germany under the framework of the Patent Cooperation Treaty (PCT) is 31 months from the earliest date of priority.

In Germany, patent applications must be in the official language, which is German. If the international application is in a different official language, it is mandatory to provide a translation into German. This ensures accuracy and compliance with regulations, making the process of obtaining a patent smoother and trouble-free.

The timelimit for submitting a patent application to the late national phase entry can not be extended.

The necessary documents for submitting a national phase application are:

• Power of Attorney: POA needs to be provided only if the representative is not a German Patent Attorney. There is no necessity for the POA to undergo legalization or notarization.

• Declaration: If the applicant for a German patent application differs from the inventor or is not the sole inventor, it is essential for the applicant to disclose how the right to the invention was obtained. This documentation must be submitted within 30 months from the priority date. In the event that the applicant fails to furnish the required document within the specified timeframe, the Office will issue an invitation, prompting the applicant to fulfill this requirement within a deadline specified in the invitation.

• Verifid German Translation

No filing fee is payable if the international application is filed with the German Patent and Trade Mark Office (DPMA) as the receiving Office. The fee for requesting examination is reduced where an international search report is established.

In Germany, a request for examination should be made within seven years from the international filing date.

Patent Prosecution Highway under PCT

Several bilateral agreements have been established among patent offices with the aim of promoting work sharing. These agreements facilitate patent applicants in requesting expedited processing during the national phase. In this process, patent examiners are empowered to utilize work products generated by the participating offices.

This accelerated process improves efficiency and speeds up the assessment and approval of patents. Collaborative agreements between patent offices further support this effort, enabling patent applicants to request faster processing during the national phase. This implies that patent examiners can utilize findings from other participating offices. These findings may consist of:

• The written opinion from the International Searching Authority,
• The written opinion from the International Preliminary Examining Authority, or
• The international preliminary examination report under the PCT, provided specific conditions are fulfilled.

The DPMA participates in a bilateral Patent Prosecution Highway pilot program with the China National Intellectual Property Administration (CNIPA).

The annual fees start from the third year after the international filing date and continue each year. These fees are due on the last day of the month that marks the anniversary of the international filing date. It's important to pay the fees within the first two months after the due date. If the payment is not made within this two-month period, it can still be done with an additional charge before the end of the sixth month after the due date.

In Germany, Supplementary Protection Certificates (SPCs) play a crucial role in extending the protection of patents specifically for pharmaceuticals and plant protection products. These certificates are designed to compensate for the time required to obtain regulatory approval for the respective products. Typically, SPCs provide an extension of up to a maximum of five years beyond the original patent term, ensuring prolonged protection for innovative medicines and plant protection products.

In the Global Innovation Index (GII) of 2022, Germany holds the 8th position among 132 featured economies worldwide. Within the high-income group, the country  ranks 8th out of 48 economies. Additionally, among the 39 economies in Europe, it secures the 5th position. Notably, Germany has demonstrated improvement in its ranking, advancing from 10th place in 2020 to the 8th position in 2022.

Globally, this nation is a powerhouse of innovation, ranking fifth for total patent applications and fourth for abroad application submissions. Its commitment to cutting-edge advancements is evident with a fourth-place standing in PCT National Phase Entries. Not just a leader in innovation, it commands a formidable fourth place in the world economic ranking. This unique convergence of inventive brilliance and economic strength positions the nation as a captivating force on the global stage.