European Patent (EPO) Validation in Germany
1. Terms for patent validation in Germany
The period for filing the translation in 3 months after the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin.
At the head of the first page of all communications sent to the Patent Office, the EP application number must be given, preceded by the letters EP.
2. Conditions for patent validation in Germany
2.1 Translation – In Germany, no translation of the specification of the European patent needs to be supplied (status: 1 May 2008). Under Article 64(1) EPC, the European patent automatically confers on its proprietor from the date the mention of its grant is published in the European Patent Bulletin, the same rights as would be conferred by a national patent granted in that state.
- For provisional protection: it is required a translation of the complete patent specification, in German. If the request for the publication of the German translation is not filed using the prescribed form, there are no adverse legal consequences (objection, delay in the publication), in so far as the translation was accompanied by all the prescribed data as laid down in.
- After grant: no translation is required.
2.2 Payment of patent validation and national registration fees:
There is a special fee to be paid in amount of 60 EUR. Due date is within three months of receipt of the request for publication. If the fee is not paid in time, the request for publication of the translation is deemed to have been withdrawn.
3. Effect of the European patent as a national German patent
Under Article 64(1) EPC, a European patent automatically confers on its proprietor from the date on which the mention of the grant is published in the European Patent Bulletin, in each contracting state in respect of which it is granted, the same rights as would be conferred by a national patent granted in that state.
4. Patent annuities in Germany
- Due date: last day of the month in which the date of filing occured.
- Time limit for payment (without surcharge): up to the end of the last day of the second month from the due date.
- Earliest possible date for payment: payment may not be made more than 12 months before due date.
- Period of grace for payment of fees (with surcharge): 6 months from due date.
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In case that your patent was filed not as EPO (European patent) patent but as PCT (WIPO, international patent), in order to obtain the protection on the national level, you may need to open to your patent to the national phase in Germany.