Www.dpma.de The German Patent and Trade Mark Office Overview.

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Presentation transcript:

The German Patent and Trade Mark Office Overview

2 Legal form Higher federal authority within the portfolio of the Federal Ministry of Justice and Consumer Protection Founded In 1877 as Kaiserliches Patentamt (Imperial Patent Office) in Berlin General information Duties  granting and administering industrial property rights  providing information to the public about industrial property rights  government supervision of collecting societies

3 History 1877 Foundation of the Kaiserliches Patentamt (Imperial Patent Office) in Berlin Registration of the first German patent for a “process for manufacturing a red ultramarine colour”

4 History 1894Registration of the first trade mark “PERKÊO” for lamps and lamp parts 1919Change of name to Reichspatentamt 1945 Cessation of operations of Reichspatentamt

5 History 1948Re-opening of search room and inquiry service 1949Opening of the Deutsches Patentamt (German Patent Office) in Munich – in the undamaged library wing of the Deutsches Museum 1954 – 1959Construction of the building and move of the patent office to Zweibrückenstraße

6 History 1990Integration of the Amt für Erfindungs- und Patentwesen (Office for Inventions and Patents) of the former GDR 1998Establishment of the Technical Information Centre in Berlin; move of the Berlin Sub-Office to Jena 1998Deutsches Patentamt (German Patent Office) renamed Deutsches Patent- und Markenamt (German Patent and Trade Mark Office)

7 History th anniversary 2011Introduction of the electronic case file – end-to-end electronic processing of patents and utility models, from application to publication 2013Implementation of the patent law revision including  electronic file inspection via the Internet  extended search report

8 Locations Munich Jena Berlin

9 Munich location Administration Patents Information Trade marks Utility models Patents Zweibrückenstraße headquarters Schwere-Reiter-Straße Grillparzerstraße Einsteinstraße Cincinnatistraße

10 Berlin location Gitschiner Straße Technical Information Centre Berlin Information for the public Search room/enquiry unit Coordination of cooperation with more than 20 regional patent information centres Provision of patent documents Training activities

11 Jena location Trade mark examination Trade mark administration Designs unit Administration Information for the public Enquiry unit Goethestraße

12 Organisation chart Department 1/I Patents I and Utility Models President Vice-President Department 1/II Patents II Department 2 Information Department 3 Trade Marks and Designs Department 4 Administration and Law Technical Information Centre Berlin Press and Public Relations Internal Communications and Key Support to Senior Management Central Controlling Arbitration Board (Employee Inventions) Arbitration Board (Copyright Administration) Internal Revision, Corruption Prevention, Office Data Protection Jena Sub-Office

budget Expected income approx. € m Expected expenditureapprox. € m including personnel approx. € m Target income€ m

14 Human resources development Status: 1st of October of each year

15 All IP rights under a single roof Utility Models Trade Marks Utility Models Designs DPMA Patents

16 DPMAdirekt  patent applications (German, EP and PCT)  trade mark applications  utility model applications  design applications  subsequent filing of application documents relating to patent and utility model applications  oppositions and appeals in patent matters  appeals in trade mark matters  use of SEPA mandates (direct debit mandates) Electronic legal transactions

17 DPMAdirekt The software and further information on electronic filing can be downloaded at Contacts: Peter Klemm Uwe Gebauer

18 DPMAregister Official publications and register database

19 DPMAregister Official publications and register database of patents, utility models, trade marks and designs  search for IP applications, and for granted and registered IP rights  register information with current legal (and procedural) status  daily update of the register data  various search functions  German and English user interface

20 DEPATISnet Free-of-charge online database on the state of the art

21 DEPATISnet Free-of-charge database that allows to perform online searches for the state of the art (patents, utility models)  worldwide search for published patent applications and granted patents as well as for registered utility models  access to more than 88 million data records, more than 60% of them with direct access to PDF documents  full text search for DE/DD documents as from 1877  various search modes  German and English user interface

22 Development of patent applications Status: 13 October 2014 DPMA direct applications and PCT national phase forecast

23 Development of PCT applications filed from abroad Status: 13 October 2014 PCT national phase forecast 4,800

24 Patent applications in 2013 by German Länder

25 Patent applications in 2012/2013 by German Länder applications per 100,000 inhabitants

26 Development of patent applications by IPC classes

27 The most active patent applicants in 2013 Number of patent applications filed in 2013, without taking into account possible interlinking of business enterprises.

28 Environmental technology: renewable energy Patent applications published by the DPMA (direct applications) and by the EPO which are effective in Germany. Development of patent applications

29 Environmental technology: motor vehicle exhaust technology Patent applications published by the DPMA (direct applications) and by the EPO which are effective in Germany. Development of patent applications

30 Examination requests and patent examination procedures pending Status: 13 October 2014 patent examination procedures pending* validly opened examination procedures and other new cases received (specifically, remissions by the Federal Patent Court, allowed appeals, reinstatements) * number of examination procedures under processing by examiners forecast Status: end of September 2014

31 Patent examination procedures Rate of first office actions issued within 10 months Status: 13 October 2014 (Jan – Sep) Due to a change in methodology, the data from 2010 onwards cannot be directly compared to those of previous years (8-Monatsakten, rate in %)

32 Development of trade mark applications Status: 13 October 2014 forecast

33 Trade mark applications in 2013 by German Länder

34 Trade mark applications in 2012/2013 by German Länder applications per 100,000 inhabitants

35 Trade mark applications in 2012/2013 within the 5 most requested leading classes

36 Trade mark applications in 2013 Classes of goods and services

37 Top trade mark proprietors in terms of registrations in 2013 Top trade mark proprietors in terms of registration in 2013 (registration of trade marks under Sec. 41 of the Trade Mark Act (Markengesetz))

38 Development of design applications Status: 13 October 2014 forecast

39 Design applications in 2013 by German Länder

40 Design applications in 2012/2013 by German Länder applications per 100,000 inhabitants

41 Development of utility model applications Status: 13 October 2014 forecast

42 Utility model applications in 2013 by German Länder

43 Utility model applications in 2012/2013 by German Länder applications per 100,000 inhabitants

44 Bilateral cooperation projects of the DPMA Text o Text –Text

45 Japan Patent Office (JPO)  Since 2000 regular examiner exchange  Since 2008 launch of the Patent Prosecution Highway (PPH)  21. Juli 2014 Heads Meeting in Munich with Deputy Commissioner Kihara  24. September 2014 Heads Meeting in Geneva with the new JPO Commissioner, Hitoshi Ito signing of PPH action plan

46  Since 2006 regular patent examiner exchange  1 July 2010 launch of the PPH pilot  11 July 2014 Heads Meeting in Munich with Commissioner Young-min Kim signing of a data exchange agreement Korean Intellectual Property Office (KIPO)

47 State Intellectual Property Office (SIPO), PRC China  since 2008 regular patent examiner exchange  23 January June 2013 launch of the PPH pilot signing of a data exchange agreement  22 January 2014 extension of the PPH pilot project by two years  19/20 September 2014 Heads Meeting in Munich with the new Commissioner of SIPO, Dr. Shen Changyu

48 United Kingdom Intellectual Property Office(IPO UK)  Since 2003 regular patent examiner exchange  28 May 2014 Heads Meeting in Munich with Chief Executive John Alty  Since March 2012 launch of the PPH pilot

49  2009 launch of the PPH pilot, first examiner exchange  November 2012 extension of the Joint Memorandum of Understanding on Bilateral Co- operation of 2010 by another five years  27 April 2013 extension of the PPH pilot for another two years  13. Dezember 2013 visit of Margaret A. Focarino, Commissioner of Patents United States Patent and Trademark Office (USPTO)

50 Intellectual Property Office of Singapore (IPOS) 24 September 2014 Heads Meeting in Genf with Tan Yih San, Chief Executive of IPOS  signing of the Memorandum of Understanding on the Patent Prosecution Highway (PPH) (beginning: 1 October 2014)  IPOS is the ninth PPH partner office of the DPMA

51  Finland Finnish Patent and Registration Office (PRH) Heads Meeting on 13 Dec 2013, PPH since Jan 2014  Austria Österreichisches Patentamt (ÖPA) Heads Meeting on 27 May 2014, PPH since June 2014  Australia IP Australia patent examiner exchange 2011, 2013, 2014  Canada Canadian Intellectual Property Office (CIPO) Heads Meeting on 25 Sep 2014 in Geneva, extension of the PPH pilot project Further bilateral cooperation

52 JPO KIPO DPMA UK IPO SIPO since 2000 since 2003 since 2006 since 2008 USPTO since 2009 ROSPATENT IP AUSTRALIA since 2010 since 2011 Patent examiner exchange

53 Patent Prosecution Highway (PPH) overview  Measure: optional use of work results of the participating offices regarding corresponding claims  Goal: increased efficiency of the patent examination procedure  Advantages: accelerated examination higher quality thanks to improved search

54 Patent Prosecution Highway (PPH) earlier examination principle

55 Patent Prosecution Highway (PPH) Pilotprojekte since 03/ 2008 since 04/2009 since 07/2010 since 10/2010 since 01/2012 since 03/2012 since 01/2014 since 10/2014 since 06/2014  partner offices of the DPMA:  plurilateral PPH website for all PPH projects worldwide:

56 Patent Prosecution Highway (PPH) at the DPMA  PPH requests by year of request and by IPC section Last update: July 2014

57 PPH information on our website

58 Links to PPH information of our partner offices