Frequently Asked Questions

1. What is a Patent?

A patent is a protective right with the character of a monopoly and is granted on request by e.g. the German Patent and Trade Mark Office. To be patentable a technical invention must be new, must involve an inventive step and be capable of industrial application.
Without the permission of the owner of the patent third parties can be barred from making, using or selling the patented invention, among others.
With permission of the owner of the patent third parties can be allowed to use the invention under the terms of a licence.

2. What is a Patent good for?

A patent gives the owner the right to stop others from reproducing the invention. The patent is virtually the garden fence around the sowed seed and protects and ensures, that the harvest belongs to that person who made the effort to sow the seed in the first place.

3. How does an Invention become a Patent?

A patent application requires a detailed description of the invention and a definition of the extend of the protection through patent claims. In addition, besides formal information about the applicant and the inventor(s), an examination request must be filed with the patent office and fees have to be paid.
After a patent has been granted, it is valid for 20 years from the date of filing. From the third year on annually rising maintenance fees are payable.

4. What can be patented?

The subject of a patentable invention needs to be technical in one way or the other. It can be an apparatus, a machine, a device, a chemical substance, a composition of matter, a method of working or a manufacturing process.
The invention needs to include technical teaching.
Not patentable are for example a discovery, a scientific theory, an aesthetic creation as well as a scheme or method for performing a mental act.
Today, patents are also granted for microbiological and software inventions as well as inventions in the area of genetic engineering.

5. Who is the Inventor, who is the Owner?

Anyone can be an inventor. The inventor is the intellectual father of the underlying idea. Honour and glory are due to him. If the inventor acted as an employee of a company he becomes entitled to compensation.
After the patent has been granted, the applicant becomes the owner of the patent. The financial profit gained from the invention belongs to him.

6. What does a Patent cost in Germany?

A patent application and examination generates costs in terms of fees payable to the patent office. For a German patent with validity for Germany the following fees apply:

Filing an Application	60 Euro
Examination Request including Search	350 Euro
Grant of a Patent	-
Annual Fees	70 - 1.950 Euro

In the case that the application for a patent has been elaborated and filed in collaboration with a patent attorney, counsel's fees of approximately 2.000 Euro to 3.500 Euro apply in addition to the fees for the patent office.
Patent applications in other countries are subject to the country-specific tariffs of the Patent Offices and the patent attorneys.

7. Do I need a Patent Attorney for a Patent Application?

No! For German residents a patent attorney is not required for a patent application in Germany. An application abroad requires a representation through a patent attorney appointed to that country. In most cases the inventor / the applicant takes professional legal advice of a patent attorney for national applications as well.
A detailed knowledge of the patent law is indispensable for securing property rights in an optimal way, since the elaboration and wording of the patent claims is of vital importance for the patent and the subsequent rights acquired. The patent office often rejects erroneous applications, which could have been successful with professional support. The consequence is that vital time has been lost and in addition, if a patent has been granted, the acquired rights might not withstand later objections/attacks.

8. When should I apply for a Patent?

It is vital to apply for a patent before the invention is published somewhere, since otherwise the invention is considered as being disclosed to the public and therefore lacks novelty, which is one of the strict requirements of a patentable invention. In Germany and Europe the term "publication" includes oral as well as written communication or any use of the invention in that way, that someone is able to grasp the core of the invention. However, some countries like e.g. U.S.A. and Japan know a so-called "period of grace".
Since an invention requires worldwide novelty, it is recommendable to apply for a patent as soon as possible. Research groups work quite often on similar topics. Someone else could have the same idea and it could be possible that this person applies for a patent first. In this case the idea becomes unpatentable for anyone else.

9. What other Intellectual Property Rights do exist?

For technical inventions a so-called utility model exists besides a patent. For aesthetic models or design a design patent is available.
The copyright protects works of art, science and literature as e.g. books as well as computer programs. Words and logos for goods and services can be protected through trademarks.
Further property rights follow from the plant variety protection law for plants and the semiconductor protection law for microelectronic semiconductor devices.

10. What is the Difference between a Patent and a Utility Model?

The utility model is often viewed as the "little patent", since its validity expires after 10 years and a technical invention needs to include an inventive step with little creative activity only.
The utility model is quicker, easier and more cost effective to obtain. However, it is an unchecked property right, since the patent office registers the utility model but does not examine it. Its protectability is examined within an infringement litigation.