Lodging an appeal against decisions of the DPMA
Description
You may appeal against decisions of the Examining Units and Patent Divisions, the Utility Model Offices and Divisions, the Trade Mark Offices and Trade Mark Divisions as well as the Design Offices and Design Divisions of the DPMA. If, for example, your IP application is rejected by an order, you can appeal against this decision.
As a first step, the DPMA usually examines itself whether the appeal is admissible and well-founded. If this is the case, it resolves the complaint itself and annuls the decision. If, on the other hand, it considers the appeal to be inadmissible or unfounded, it submits the appeal to the Federal Patent Court. The Federal Patent Court will then decide on the appeal, possibly after oral proceedings.
- Decision of an examining or patent division, a utility model division or utility model division, a trade mark division or trade mark division or a design division or design division of the DPMA
- They were involved in the proceedings before the DPMA and are adversely affected by the decision of the DPMA.
- Filing the appeal in due form and time
- If you do not live in Germany or have a place of business or a branch office in Germany, you need a representative (patent attorney or attorney-at-law) who is authorized to represent you in proceedings before the Federal Patent Court.
The appeal and all pleadings should be accompanied by a copy for the other parties to the proceedings.
- Complaint fee: EUR 50.00 to EUR 500.00
- Filing the appeal: in principle, within one month of notification of the decision
- Exception in proceedings for the determination of costs (patent opposition, cancellation of utility models, trademark opposition, design nullity): within 2 weeks of service of the decision on the determination of costs
- Payment of the appeal fee: within one month of notification of the decision
- Exception in the case of an appeal against a decision on the taxation of costs (patent opposition, utility model cancellation, trademark opposition and design invalidity): within 2 weeks of service of the decision
25 months on average
Forms: none
Written form required: Yes
Online procedure possible: yes
Personal appearance required: no
- You can file the appeal in writing with the DPMA.
- In the case of complaints in patent and trademark proceedings, you can also file your complaint as an electronic document. To do this, you need
- a signature card with an associated card reader and
- the free software "DPMAdirektPro".
- Transfer the appeal fee.
- In unilateral proceedings, the DPMA first examines whether the appeal is admissible and well-founded.
- If the DPMA considers the appeal to be admissible and well-founded, it sets aside the decision.
- If, on the other hand, it considers the appeal to be inadmissible or unfounded, it submits the appeal to the Federal Patent Court for further proceedings.
- If you as the appellant are opposed by another party (e.g. the respondent in the file inspection procedure), the DPMA will immediately refer the appeal to the Federal Patent Court. The Federal Patent Court gives the parties the opportunity to express their views and then decides on the appeal.
Federal Ministry of Justice and Consumer Protection
18.03.2020
The text was automatically translated based on the German content.
