Deutsche und Europäische Patentanwälte German and European Patent Attorneys

NEWS

Warning against misleading requests for payment
A number of applicants and holders have received allegedly official invitations to pay from private firms for the entry of their IP titles in publications or private registers. The accompanying letters regularly convey the impression that the recipients must pay the requested amount. Frequently, the letters contain details such as the file number or the application or registration dates. Sometimes, print-outs of the official gazettes (Markenblatt, Geschmacksmusterblatt, Patentblatt) are attached. The GPTO points out that the registration of or changes in relation to IP rights are published ex officio and that official fees are collected exclusively by the GPTO, as a rule in advance. Payment forms issued by other senders should be examined carefully. The GPTO further points out that effective IP protection is only achieved by filing an IP application with the GPTO or with another authority of intellectual property protection. Official fees charged in connection with an IP right in the procedure before the GPTO must be paid exclusively to the account indicated by the GPTO. For further details, please refer to the corresponding notification of the GPTO.

The European patent with unitary effect within the European Community, also known as the unitary patent, Community patent, European Community Patent, or EC patent, and sometimes abbreviated as COMPAT
With the exception of Italy and Spain, 25 EU member states have embarked on enhanced co-operation with a view to creating unitary patent protection for their territories. The regulations entered into force on 20 January 2013. However, they will only apply from 1 January 2014 or the date of entry into force of the Agreement on a Unified Patent Court, whichever is the later. Further details can be found on

the webpage of the EPO concerning the unitary patent, and

the webpage of the EPO concerning the Unified Patent Court, and

the webpage of the EPO concerning FAQs about the unitary patent, and

the webpage of the European Commission about the ratification progress.

News regarding the Practice on the General Indications of Nice Class Headings and Classification Terms
On 20 February 2014, the Office for Harmonization in the Internal Market (OHIM), together with the GPTO and other European patent and trade mark offices, has published the Common Communication on the Common Practice on the General Indications of the Nice Class Headings as well as the Common Communication on the Common Practice on the Acceptability of Classification Terms. For further details, please refer to the corresponding notification of the GPTO of 20 February 2014.

New peak at the European Patent Office: more than 265 000 patent filings received in 2013 (+2.8%)
For further details, please refer to the corresponding notification of the EPO of 16 January 2014.

News regarding German design applications
In German design applications at least one product has to be indicated in which the design is incorporated or to which it is applied. As of 10 January 2014, not more than 5 products shall be indicated. For further details, please refer to the corresponding notification of the GPTO of 10 January 2014 (available in German only).

New Classification für German design applications and designs
On 1 January 2014 the 10th Edition of the International Classification for Industrial Designs (Locarno Classification) has entered into force.The GPTO applies the 10th Edition of the Locarno Classification since 1 January 2014 for all design registrations. Furthermore, designs which have already been registered before will upon each extension of the term of protection be reclassified by the GPTO if the classification of the registered products has changed. For further details, please refer to the corresponding notification of the GPTO of 2 January 2014 (available in German only).

News regarding German multiple design applications
German multiple design applications have up to now only possible, if all designs belonged to the same class of goods. This requirement has now been cancelled. As of 1 January 2014 the designs of a German multiple design application may belong to different classes. For further details, please refer to the corresponding notification of the GPTO of 2 January 2014 (available in German only).

Free machine translation service "Patent Translate" of the EPO is now complete
For further details, please refer to the corresponding notification of the EPO of 17 December 2013.

EPO: New Official fees
On 1 April 2014 new Official fees will enter into force. It may be advantageous to pay fees which are due to be paid in the near future before that date, if possible. For further details, please refer to

the Decision of the Administrative Council of 13 December 2013, and

the Decision of the President of the EPO dated 13 December 2013.

GPTO: Introduction of the electronic file inspection via the Internet in patent and utility model procedures
The inspection of patent and utility model files of the German Patent and Trade Mark Office (GPTO) will be possible via the Internet as of 7 January 2014. This is a free service of the GPTO. For further details, please refer to the corresponding notice No. 12/13 of the President of the GPTO of 28 November 2013.

News with respect to the German translation of a German patent application filed in English or French
The term for filing the German translation of a German patent application filed in English or French is extended to12 months after the filing date, but not more than 15 months after the priority date.This amendment shall enter into force on 1 April 2014. For further details, please refer to the corresponding notification of the GPTO of 24 October 2013 (available in German only).

News with respect to the search pursuant § 43 PatG for German patent applications
For search requests filed on or after1 April 2014 the search report will include the preliminary opinion of the examiner with respect to the patentability of the invention. In return, the Official search fee increases by EUR 50. Furthermore, it is no longer possible that a third party requests the search. For further details, please refer to the corresponding notification of the GPTO of 24 October 2013 (available in German only).

News with respect to oral hearings for German patent applications
As of 1 April 2014 an oral hearing has to be conducted upon request. Before that date the examiner could reject such a request. Furthermore oral hearings in opposition proceedings will generally be public. For further details, please refer to the corresponding notification of the GPTO of 24 October 2013 (available in German only).

News regarding oppositions against German patents
As of 1 April 2014 the term for filing an opposition against a German patent is extended to 9 months. This term has been 3 months before that date. For further details, please refer to the corresponding notification of the GPTO of 24 October 2013 (available in German only).

EPO: News with respect to divisional applications
As of 1 April 2014 divisional applications can be filed as long as the parent application is pending. Before that date divisional applications could only be filed within 24 months after certain examination reports specified in Rule 36 EPC. For further details, please refer to the corresponding notification of the EPO of 18 October 2013.

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