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The German Patent and Trademark Office only conducts formal examination of utility models. On the other hand, novelty, inventive step and utility are raised in opposition proceedings as grounds for filing a request for cancellation of a registered utility model.
The application process is roughly as follows: preparation of documents, receipt of acceptance, notice of acceptance, patent examination, notice of authorization, payment of authorization fee, patent certificate.
The documents required for application are as follows:
1.Patent name.
A copy of the applicant's business license (stamped by the applicant) or ID card (signed by the applicant)3Chinese name and address of the applicant and inventor.
5.Customary English translations of the names and addresses of the applicant and inventor, 6Requests for confidentiality examination and requests for copies of priority rights (if priority is claimed).
7.Power of Attorney for Foreign Patents**.
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The application process for a German utility model patent, the process required to apply for a patent in Germany, needs to be considered in combination with the classification of invention patent, utility model patent and design patent, so what is the application process for a German utility model patent?
Application process for a utility model patent in GermanyApplication process for a utility model patent in Germany: preparation of application documents, submission of application, acceptance, formal examination, authorization and publication.
1. Prepare application documents;
2. Submit an application to the German Patent and Trademark Office;
3. The German Patent and Trademark Office issues a notice of acceptance.
4. The German Patent and Trademark Office examines the format and obvious substantive defects of the patent;
5. If the patent application meets the legal requirements, the German Patent and Trademark Office grants a patent for the invention and publishes the authorized patent.
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1. The name of the utility model patent;
2. The technical field and background technology to which the utility model patent belongs;
3. Complete the purpose of the utility model patent;
4. The technical scheme to achieve the purpose of the utility model: the product utility model requires a detailed description of the structural composition of the product;
5. Drawings (drawings must be required): the structure of the product can be clearly seen, and the connection relationship of each component can be distinguished, but the exploded drawing, section drawing, etc.;
6. a specific embodiment (a specific embodiment of the utility model is completed);
7, the utility model discloses the best effect that can be achieved;
8. If the applicant is a unit, the unit needs to be stamped; If the applicant is an individual, an individual's signature is required;
9. If the applicant is a unit, a copy of the business license is required; If the applicant is an individual, a copy of the personal ID card must be provided;
10. Provide clear materials such as the applicant's name, detailed address, **, zip code, and designer's name.
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1. Time for application: 6 14 months can be authorized, priority claim (if any): the first application can be filed within 12 months from the filing date to claim priority.
4. Patent maintenance fee: from the filing date.
Fourth, seventh, and nine years ago, the payment was made.
5. The term of the patent: 10 years from the filing date.
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1. Time for application: 6 14 months can be authorized, priority claim (if any): the first application can be filed within 12 months from the filing date to claim priority.
4. Patent maintenance fee: from the filing date.
Fourth, seventh, and nine years ago, the payment was made.
5. The term of the patent: 10 years from the filing date.
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In general, if you want to apply for a patent imported from Germany, the application process is to send the application.
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The process of applying for a German utility model patent should be to complete the application for your own situation first, and then wait for the above reply!
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Preparation of documents for a German patent application Filing of a German patent application Acceptance Formal examination Publication Request for substantive examination Substantive examination Grant and publication.
1.Preparation of documents for the German patent application;
2.Filing a German patent application with the German Patent and Trademark Office;
3.A notice of acceptance is issued by the German Patent and Trademark Office;
4.The German Patent and Trademark Office examines the format of the patent and obvious substantive defects;
5.The German patent application will be published 18 months from the filing date (priority date);
6.A German patent applicant can file a request for substantive examination within seven years from the filing date;
7.The German Patent and Trademark Office conducts a substantive examination of the patent, and the German patent applicant needs to respond to the office action notice;
8.If the German patent application meets the legal requirements, the German Patent and Trademark Office grants the patent for the invention and publishes the granted patent.
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1. Novelty: No disclosure has been made or the public knows about this type of patent to be applied for.
2. The number of cherry blossoms is progressive: it is necessary to have a certain degree of difficulty in the creation of the source of the song, which is obtained through research.
3. Practicability: It can be actually used in the stupid industry, mainly because it is required to have practical use.
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The requirements for applying for a patent in Germany are as follows: first, it is to sell practicality, which can be applied to the industry in practice; The second is progressive, to have the core technology, there is a certain degree of creative difficulty, and the third is novelty, there is no similar patent similar to the first pure lead branch to do the min.
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After years of accumulation of reform and opening up policies, China's production capacity and production level have been greatly improved, and goods marked as Made in China have gradually flooded the global commodity shelves. With the slogan of China's creation, Chinese goods began to take the road of independent research and development. With strong production capacity and innovative thinking, they quickly occupied the market all over the world.
However, in order to protect the legitimate rights and interests of their own goods, applying for the necessary commodity patents has become an important preparation for the listing of goods.
As one of the most important industrial bases in the world, Germany has strong manufacturing capabilities, so it is particularly necessary to apply for German patents for its own products. In Germany, the types of patent protection that can be applied for include invention patents, utility models and designs. German patents are obtained on the basis of an application and are subject to substantive examination to determine whether or not to grant the right.
The German Patent and Trademark Office (DFTO) is responsible for the processing and examination of patent applications for German patents. The conditions for applying for a patent are to see whether the market needs it, what the market prospect is, what economic benefits there are in the market, and whether it is necessary to apply for peripheral patents. It has not been disclosed or the public is not aware that such a patent will be filed.
Inventions are difficult to create through research. It can be used in industry and is mainly used for practical purposes. The filing of a European patent application will automatically take effect in Germany after the European patent grant is announced.
There is no need to go through valid procedures and submit translations, but it is necessary to specify the address of the official documents submitted by the local authorities in Germany, otherwise the patentee will not be able to receive the official documents issued by the German Patent and Trademark Office, and all the legal consequences arising therefrom will be borne by the creditor. If the applicant's anticipated fees are insufficient, the time for payment of the main fee may be extended through the PCT at the time of the international application. Under the PCT methodology, the payment period can be extended to 30 months from the priority date.
It is important to note that while the time to pay the main fee has been extended, it will not affect the time when the applicant will get the application date.
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The main condition of the application is that there is a certain novelty. In addition, the invention must have a certain degree of creativity, and then it must be something new that we have developed for a long time. Of course, the last point is to have a certain practicality, which must be able to be used in our lives before we can apply.
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First of all, you need to prepare your personal identity certificate and household registration book, and you should also prepare the company's business license and copy, as well as your passport and corresponding trademark, and then submit these materials to the relevant departments for review.
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Of course, there are application requirements, you must have your own patent, you must have your own design, you must comply with the design regulations, you must meet the patent regulations, and you must meet the professional requirements.
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If a technical solution meets the application conditions for both invention patents and utility model patents, in order to obtain invention patents as much as possible and to retain a guaranteed utility model patent, one technology can apply for two patents at the same time. If the invention patent passes the substantive examination, the State Intellectual Property Office will issue a notice requiring the applicant to give up the utility model patent that has been obtained, and then grant the patent right of the invention patent; Inventions and utility models can be applied for at the same time, however, only one valid patent can exist at the same time. If the invention patent is finally granted, the utility model is a transition, but the invention patent is very risky, and what if it is not authorized.