An international patent application under the Patent Cooperation Treaty (PCT) gives applicants the advantage of initially covering more than 150 contracting states with a single filing. However, this does not yet create patent protection in Germany. By the end of the international phase at the latest, the application must be moved into the national phase before the German Patent and Trade Mark Office (DPMA) or into the European regional phase before the European Patent Office (EPO). Applicants opting for the direct route via the DPMA should pay particular attention to the 31-month deadline as well as the required formalities and official fees.
Deadline: 31 months from priority
The deadline for entry into the national phase before the DPMA is 31 months. The earliest priority date is decisive; if no priority has been claimed, the international filing date applies.
Requirements for entry
Within the 31-month deadline, the following actions in particular are required:
The following official fees currently apply for renewal:
- Payment of the national filing fee to the DPMA.
- Filing of a German translation of the international application, unless it was originally filed in German.
- Designation of the inventor, unless this has already been validly completed during the international phase.
- For applicants without a residence or place of business in Germany: appointment of a representative based in Germany.
Request for examination and official fees
The request for examination does not have to be filed together with the entry into the national phase. It may still be filed up to seven years from the international filing date. However, filing it early can be advisable in order to accelerate the proceedings.
The official fees are currently as follows:
| Type of fee | Official fee |
|---|---|
| Filing fee (electronic, up to 10 claims) | 60 € |
| Each claim in excess of 10 | 30 € |
| Examination fee, if no international search report has been established | 350 € |
| Examination fee, if an international search report has been established | 150 € |
In addition, renewal fees are due from the third patent year onwards, calculated from the international filing date.
Legal consequences of missing the deadline
If the national fee and – where required – the German translation are not filed in time, the international application loses its effect as a national application in Germany.
Conclusion
Entry of a PCT application into the German national phase is subject to clear formal requirements and deadlines. We are happy to assist you with the proper initiation of the national phase.
Quickly calculate official fees yourself
Would you like to estimate the official fees for your PCT phase entry in advance – either for the German national phase before the DPMA or for the European regional phase before the EPO? Use our free online tool: pct-calculator.com