質問
Hi! I have heard a lot about provisional patent applications in the US, which are supposed to be really popular with startups. I'm not quite sure what the difference to a regular patent is, could you perhaps give some pointers? Also, since we are currently focusing our product development on the European market, what would be the equivalent in terms of European patents?
回答: 5 public & 0 非公開
A regular German patent application is a very powerful tool – offering similar advantages as a US provisional application and even more.
1. Cost: The official filing fee is 40 EUR for online filing (incl. 10 claims) or 60 EUR for paper filing (incl. 10 claims), the examination fee is 350 EUR (if no search request has been filed). A search request (300 EUR) may be filed independently from filing an examination request. For first filings (i.e. filings which do not claim a priority) the German Patent and Trademark Office in most cases issues a search or examination report within 9 months after the application date when the search fee or the examination fee is paid at the filing date. This also applies for applications filed in English without the necessity of filing a German translation before the issuance of the search or examination report. Accordingly, filing a German patent application with a search request will give you a valuable basis for deciding on further filings at comparably low official fees (340 EUR for online filing incl. 10 claims). For simply obtaining a priority date, the application may be filed in any language with the German Patent and Trademarks (or the European Patent Office) without paying any official fee.
2. Languages: German patent applications can also be filed in a language other than German. In that case, however, a German translation must be submitted within a period of three months after filing. If the application is written in English or French in full or in part, a German translation must be submitted within twelve months after the date of priority. If the translation is not filed in due time, the application will be deemed to be withdrawn.
3. Further peculiarities: At the date of filing the application, neither an examination request nor a search request are mandatory. Examination of the patent application may be postponed by filing a request for examination at a later stage. A request for examination has to be filed within 7 years after the date of application. Further, a utility model may be branched off within the first 10 years and while the parent patent application is pending. A utility model may be registered very quickly.
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