Schutzrechtsverfahren (Patente, Marken), Beschwerde einlegen

• §§ 73 bis 80 Patentgesetz (PatG)
• §§ 66 bis 71 Markengesetz (MarkenG)
• § 23 Geschmacksmustergesetz (GeschmMG)
• § 18 Gebrauchsmustergesetz (GebrMG)

You can lodge an appeal against decisions in property right proceedings - for example, if a patent has been rejected in the examination procedure. You file your appeal with the Deutsches Patent- und Markenamt (DPMA).

You have received a decision in proceedings before the Deutsches Patent- und Markenamt (DPMA) concerning the grant or rejection of a patent, utility model, trade mark or design and wish to lodge an appeal against it.

varying

Note: Depending on which decision you appeal against, different fees will be charged. Further information can be found in the information on legal remedies enclosed with every decision of the Patent and Trade Mark Office. In addition, the patent court may also decide that one of the parties involved must bear all or part of the procedural costs.

• File an informal written complaint with the Deutsches Patent- und Markenamt (DPMA).
• It is also possible to lodge an appeal online, but certain conditions must be met.
• The Deutsches Patent- und Markenamt (DPMA) will decide whether your appeal will be upheld.
• If your appeal is not upheld, the Deutsches Patent- und Markenamt (DPMA) will forward it to the Bundespatentgericht (Federal Patent Court).

Proceedings Before the Bundespatentgericht

• A file on the appeal proceedings is opened at the Bundespatentgericht, handed over to the appeal panel and used as the basis for its decisions.
• All parties involved in the proceedings can make statements.
• The decision of the Appeals Senate is announced in writing.
• If the appeal panel decides in your favour and you wish to take legal action against this decision, you can appeal to the Bundesgerichtshof (Federal Court of Justice) as the next instance.

Note: As a rule, appeal proceedings are conducted in writing. Oral hearings are the exception and only take place if one of the parties involved requests them, evidence needs to be taken or the court considers an oral hearing to be relevant.

However, most decisions are made on the basis of oral hearings.

There is no obligation to be represented by an attorney, but in many cases it is advisable to consult a patent attorney or attorney-at-law.

You can search for a patent attorney in your area on the Internet portal of the Chamber of Patent Attorneys. You can also contact attorneys via the website of the Saxony Bar Association.

In property right proceedings, you have the option of lodging an appeal with the examining section within one month of notification of the decision.