If you have an invention or newly developed product, and you want it registered in Germany, you need to get a German patent. This will protect your invention, whether technical or otherwise.
As an owner of a patent, you can use your invention as you please. You can sell it and get all economic benefits from it. All unauthorized use by anyone else is prohibited.
But when you file for a patent, you have certain legal requirements. You will agree to have your invention published. This way other inventors can use your patent as a standard for their own developments.
A German patent also makes it simple to follow your dreams. If you look through other patents, it could avoid doing a lot of unneeded research. You won’t then run the danger of infringing on other patents.
It’s important to know that if you are not a German citizen and want to get a patent, you will need a patent attorney to represent you in the application process.
The bottom line, however, is that you must run a patent search before beginning any of the procedures for a patent application. You will unlock a vast wealth of knowledge in this way.
Once you file your invention or product at the German Patent and Trade Mark Office, you won’t have immediately and automatically created a patent. An entire legal procedure will follow that must be adhered to strictly and your application approved.
Once approved, your patent will be good for 20 years. Some products don’t fit under this time frame, like some drugs and plant products, so it’s best to check when you apply.
Your rights that are granted by the DPMA (the patent office in Germany called Deutsches Patent- und Markenamt) will only be good within Germany. You can apply with different countries, however, if you want to have protection within those other territories.
You should study the fact sheets on patents that are published by the DPMA. The legal texts are the Patent Law or Patentgesetz and the Patent Ordinance or Patentverordnung.
Learn more on the official Web site of the DPMA (Deutsches Patent- und Markenamt) — the German Patent and Trade Mark Office.
As mentioned previously, if you are from another country and want to apply for a German patent, you must obtain a patent attorney. They have the qualifications necessary to represent you and act for you in all the procedures required. This makes it simple to get your patent and perhaps get it approved easier.
Patent attorneys are well trained and knowledgeable in what it takes. They must be trained in intellectual property and get an exam given by the patent office in Germany. They are often trained in engineering or the sciences, thus are effective in their knowledge.
A patent attorney can fully represent you in the German Federal Court of Patents. Since they are specially trained, it’s needed to hire one of them and not just get a general legal representative.
Don’t let the law and procedures discourage you in any way. It’s important to keep the faith in yourself and your own development. Your invention may make life simpler, cheaper or more convenient for the world and you should follow your heart and get it out there.
The German patent law is something that will protect you and your invention. Use it well and find that you can really accomplish all you set out to accomplish. Protect yourself and your “baby” effectively and efficiently with a proper patent.
