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Source: BUS Sachsen-Anhalt (Linie6PLus)

Appeal against decisions of the DPMA

Description

You can appeal against decisions of the examination bodies and patent departments, the utility model offices and utility model departments, the trademark offices and trademark departments as well as the design offices and design departments of the DPMA. If, for example, your application for industrial property rights is rejected by order, you can appeal against this decision.

In a first step, the DPMA usually examines itself whether the appeal is admissible and well-founded. If this is the case, it will remedy the complaint itself and annul 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 then decides on the appeal, possibly after oral proceedings.

  • You can file your complaint in writing with the DPMA.
  • For appeals in patent and trademark proceedings, you can also file your complaint as an electronic document. To do this, you need
    • a signature card with 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 admissible and well founded, it shall annul 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 complainant are confronted by another party (for example, the respondent in the file inspection proceedings), the DPMA immediately submits the appeal to the Federal Patent Court. The Federal Patent Court gives the parties the opportunity to comment and then decides on the appeal.
  • Decision of a examining body or patent department, a utility model office or utility model department, a trademark office or trademark department or a design office or design department 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 or have a registered office or branch 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 written pleadings should be accompanied by a copy for the other parties to the proceedings.

  • Appeal fee: EUR 50.00 to EUR 500.00
  • Lodging of an appeal: in principle within one month of notification of the decision
  • Exception in cost determination proceedings (patent opposition, utility model cancellation, trademark opposition, design nullity): within 2 weeks after notification of the decision to determine costs
  • Payment of the appeal fee: within one month of notification of the decision
  • Exception in the case of an appeal against decision to determine costs (patent opposition, cancellation of utility model, trade mark opposition and design nullity): within 2 weeks of notification of the decision

On average 25 months

Forms: none

Written form required: Yes

Online procedure possible: yes

Personal appearance required: no

The text was automatically translated based on the German content.

Federal Ministry of Justice and Consumer Protection

No authority found