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

Source: Serviceportal Rheinland-Pfalz

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.

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.

Deutsches Patent- und Markenamt, DPMA (German Patent and Trade Mark Office)
Zentraler Kundenservice (central customer services)
Tel. +49 892195-1000

Munich
80297 Munich
Fax +49 892195-2221 and +49 892195-4000

Office hours:
Monday: 8.00 to 16.00
Friday: 8.00 to 14.00

Document receiving service:
Monday to Thursday: 7.30 to 15.00
Friday: 7.30 to 14.00

Jena
Jena office
07748 Jena
Fax: +49 3641 40-5690 and +49 3641 40-5800

Office hours:
Monday: 9.00 to 15.30
Friday: 9.00 to 14.00

Document receiving service:
Monday to Thursday: 8.00 to 16.00
Friday: 8.00 to 14.00

Berlin
Berlin information and service centre
10958 Berlin
Fax: +49 3025992-404

Office hours:
Monday: 7.30 to 15.30
Friday: 7.30 to 14.00

Document receiving service:
Monday to Thursday: 8.00 to 15.45
Friday: 8.00 to 14.15

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.

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

Process flow

Who should I contact?

Competent authority

Requirements

Which documents are required?

What are the fees?

What deadlines do I have to pay attention to?

Legal basis

Appeal

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