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Source: BUS Sachsen-Anhalt (Linie6PLus)

Appeal against DPMA decisions

Description

You can appeal against decisions of the examination bodies and patent departments, the utility-style and utility model departments, the trade mark offices and trademark departments as well as the design offices and design departments of the DPMA. For example, if your application for intellectual property rights is rejected by order, you can appeal against that decision.

As a first step, the DPMA usually examines itself whether the appeal is admissible and well founded. If this is the case, it shall help the appeal itself and annul the decision. If, on the other hand, it considers the appeal to be inadmissible or unfounded, it shall submit the appeal to the Federal Patent Court. The Federal Patent Court then decides on the appeal, possibly after a hearing.

You can appeal against decisions of the German Patent and Trademark Office (DPMA) in intellectual property rights proceedings.

  • You can submit the complaint in writing to 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 its 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 admissible and well founded, it annuls the decision.
  • If, on the other hand, it considers the appeal to be inadmissible or unfounded, it shall submit the appeal to the Federal Patent Court for the further proceedings.
  • If you, as the appellant, are confronted by another party (e.g. the defendant in the file inspection procedure), the DPMA immediately submits 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.
  • Decision of an examination or patent department, utility model office or utility model department, trademark or trade mark department or design body of the DPMA
  • They were involved in the proceedings before the DPMA and are adversely affected by the DPMA's decision.
  • Formal and timely filing of the appeal
  • If you do not live in Germany, have a registered office or branch office in Germany, you need a representative (patent or lawyer) who is authorised to represent yourself in the proceedings before the Federal Patent Court.

A copy of the complaint and all written submissions shall be attached to the other parties to the proceedings.

  • Complaint fee: EUR 50.00 to EUR 500.00
  • Appeal: in principle, within one month of notification of the order
  • Exemption in cost-fixing proceedings (patent opposition, utility model deletion, trademark opposition, design nullity): within 2 weeks after notification of the cost determination decision
  • Payment of the appeal fee: within one month of notification of the order
  • Exemption in the event of an appeal against the decision fixing costs (patent opposition, utility model deletion, trademark opposition and design nullity): within 2 weeks of notification of the order

On average 25 months

Forms: none

Written form required: Yes

Online procedure possible: yes

Personal appearance necessary: no

The text was automatically translated based on the German content.

The text was automatically translated based on the German content.

Federal Ministry of Justice and Consumer Protection

No authority found