终稿Wuxi21May2010_TMD.ppt

Overview 1 Why file a national German patent application? 2 Obtaining patent protection in Germany 3 Scope of protection 4 The German utility model 5 Summary 6 Enforcement of patents/utility models in Germany 7 Trademarks in Germany 8 Designs in Germany 1 Why file a national German patent application? Germany is an attractive market, which covers about 18% of the population and 21% of the gross national product of the European Union. Selling a product in Europe may not be attractive if the German market is blocked. After China, Germany is the second largest exporter of goods in the world. 1 Why file a national German patent application? German national applications can be filed through the PCT Cost efficient procedure Deferred Examination System Fast protection possible by filing utility models Divisional applications not restricted 2 Obtaining patent protection in Germany 2.1 Harmonization of the European and the German national patent system By the German patent act of 1980 national patentability criteria have been largely harmonized with the European Patent Convention (EPC). Term: 20 years from filing (like most countries including China). Supplementary Protection Certificates (SPC) are available for drugs and agrochemicals. Term extension up to 5 years for the registered drug/agrochemical – depending on the time period between patent application and first marketing authorization (No SPC protection possible in China) 2 Obtaining patent protection in Germany Right to the patent: Inventor or legal successor/assignee. New development in law of employee’s inventions: Invention is deemed to be claimed by the employer unless the employer informs the inventor that he is not interested. “First-to-file” principle like in China and many other countries as opposed to “first-to-invent” principle in the US 2 Obtaining patent protection in Germany What can be patented: devices, chemical substances (e.g. pharmaceuticals, agroc