BUSINESS BRIEF: GERMANY
BUSINESS BRIEF: GERMANY
Patents How do you register or secure patent rights, and is national or international coverage most appropriate? A patent
a European an
available online. Anyone may request physical file inspection.
can be obtained via a German, or
international (Patent
Cooperation Treaty) application. In any of these cases, the application will undergo substantive examination before grant. Te maximum patent duration is 20 years from filing, subject to an annual maintenance fee. Utility models, which undergo formality examination only, provide shorter-term protection of up to ten years.
A national patent application is preferable
where Germany is the focus; otherwise, the other two options become more attractive. Strategic considerations, for example differences between German and European processes, may also play a role.
What are the costs of obtaining a patent, and what are the costs of defending it? Te average cost for obtaining a German patent is €7,000 ($7,600) via the national route and €10,000 via the European or PCT route. Patents can be attacked through opposition
proceedings initiated within a short period aſter grant or, later, at any time through an invalidation suit with the Federal Patent Court (Bundespatentgericht). Average costs up to a first instance opposition decision range from €15,000 to €50,000. In invalidation cases, the losing party has
to reimburse the winning party with up to a statutory amount (depending on the patent’s commercial value set by the court). Typically, the cost risk of first instance invalidity proceedings ranges from €40,000 to €250,000.
patents in your jurisdiction? German and European patent registers are
What are the key threats to patent owners, and what is the best strategy if you suspect someone is infringing your patent? While German civil patent
litigation courts
provide fast, foreseeable and relatively patentee- friendly decisions, the key threat is patent invalidation—which is possible, for example, on the basis of new prior art—at any time. Patent enforcement strategy depends on the
specific case. Enforcement tools range from sending warning letters to requesting customs action or preliminary injunctions, or filing litigation suits.
Trademarks How do you register or secure trademark rights, and what protection do they grant? National trademarks can be registered at the German Patent and Trade Mark Office (DPMA). Protection for Germany can also be secured by
applying for a Community trademark
(CTM) with the Office for Harmonization in the Internal Market or an international trademark with the World Intellectual Property Organization. Parties can register any mark used to
distinguish goods/services in trade that can be represented graphically.
98 World Intellectual Property Review Annual 2015
What are the key threats to trademark owners, and what is the best strategy for dealing with infringement? Te key threat to trademark owners is the unauthorised use of the trademark, especially as counterfeiting and online infringements are still increasing. Aſter gathering evidence to prove
infringement, usually the first action against an infringer is a cease-and-desist letter, in which further measures, especially court proceedings, are mentioned.
What are the most common mistakes trademark owners make? A common mistake is not to use the trademark as registered. It must be genuinely used in Germany for the goods and services registered within five years from the registration in order to enforce it and avoid its cancellation. A trademark owner needs to act against potential infringers to maintain the full value of trademark.
the
www.worldipreview.com
Is there anything unusual about the patent law(s) that companies should be aware of, and what are the most common mistakes businesses make? A civil court handling a litigation case is not competent to decide the validity of a patent. Due to bifurcation, a defendant has to file an invalidation suit before
the Federal Patent
Court. Te civil court may stay the proceedings until the invalidation decision. Proper strategic timing of actions is essential.
A trademark gives the owner the exclusive
right to use the mark and to prevent others from using a sign similar or identical to it for the same or similar goods or services. Te owner can also prevent the registrations by third parties.
What are the costs of registering a trademark and what are the costs of defending it? Te official application fee for a national trademark application including three classes goes up to €290 (e-filing). It costs an extra €100 per additional class, and €200 more for accelerated examination. A CTM application costs €900 (e-filing for three classes). Te costs of defending a trademark are based upon the expenditure of time and vary from case to case.
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