How to file an appeal against decisions of the German Patent and Trade Mark Office [Deutsches Patent- und Markenamt, DPMA]

You may file an appeal against decisions of the German Patent and Trade Mark Office in intellectual property proceedings.

You may file an appeal against decisions of the examination offices and patent departments, utility model offices and departments, trade mark offices and departments, and design offices and de-partments of the DPMA. If, for example, your patent application is rejected, you may file an appeal against the decision.

As a first step, the DPMA usually assesses whether the appeal is admissible and well founded. It may then remedy the appeal and annul the decision. If, however, it considers that the appeal is in-admissible or unfounded, it will submit the appeal to the Federal Patent Court. The Federal Patent Court will then decide on the appeal, possibly after an oral hearing.

The appeal and all submissions should be accompanied by a copy for the other parties to the proceedings.

  • Forms: N/A
  • Do I have to apply in writing? Yes.
  • Can I apply online? Yes
  • Do I have to apply in person? No

Related Links

  • Software for electronic procedure in the Downloads section of the DPMA website

Preconditions

  • A decision by an examination office or patent department, utili-ty model office or department, trade mark office or department, or a design office or department of the DPMA;
  • You have been involved in proceedings before the DPMA and have been adversely affected by the decision of the DPMA;
  • If you do not live in Germany and do not have a registered of-fice or place of business in Germany, you will need a repre-sentative who is authorised to represent you in proceedings before the Federal Patent Court.

Related Links

  • §§ 73 - 80, §§ 86 - 99 of the Patents Act [Patentgesetz, PatG]
  • § 18 of the Utility Model Act [Gebrauchsmustergesetz]
  • §§ 66 - 82 of the Trade Mark Act [Markengesetz]
  • § 23 (4) of the Designs Act [Designgesetz]
  • §§ 18 f. of the Utility Model Act [Gebrauchsmustergesetz, GebrMG]

Related Links

  • Downloads section of the DPMA website
  • Information on the free software DPMAdirektPro on the DPMA website
  • DPMA website
  • Website of the Federal Patent Court [Bundespatentgericht]
  • Kostenmerkblatt (costs factsheet) of the DPMA
  • You may submit your appeal in writing to the DPMA.
  • For appeals in patent and trade mark proceedings, you may also submit your appeal as an electronic document. For this, you need
    • a signature card with a corresponding card reader (providers can be found via the Federal Network Agency [Bundesnetzagentur])
    • the free software DPMAdirektPro
  • In ex parte proceedings, the DPMA first examines whether the appeal is admissible and well-founded.
  • If the DPMA considers that the appeal is admissible and well-founded, it will annul the decision.
  • If, however, it considers that the appeal is inadmissible or unfounded, it will submit the appeal to the Federal Patent Court for further proceedings.
  • If, as the applicant, you are opposed by another party (e.g. the defendant in inspection proceedings), the DPMA will immediately submit the appeal to the Federal Patent Court.
  • The Federal Patent Court will give the parties the oppor-tunity to submit their observations and will then decide on the appeal.

Responsible for the content
German Patent and Trade Mark Office (DPMA)

Last update or date of publication
18.03.2020