German Design Patent Fees and FAQ

German Design Patent Fees
- Clear & Fixed -

German design patent application for one product
- EUR 60 -

Fixed official fee, all exclusive of filing of a German design patent.

This excludes the lawyers’ but includes publication. 

German design application for additional products
- EUR 6 -

This is an additional fee and has to be added to the fee to the left.

 

 

German design renewal 1
- EUR 90 -

This covers the first 5 year renewal.

German design renewal 2
- EUR 120 -

This covers the second 5 year renewal.

German design renewal 3
- EUR 150 -

This covers the third 5 year renewal.

German design renewal 4
- EUR 180 -

This covers the fourth 5 year renewal. This is the last term, as German design patents may be protected up to 25 years.

Additional German Design Patent Services

Application for the declaration of invalidity of German design patents
We assist you with defense or offense. This type of action is based on relative grounds. This means, it is based on an earlier right. This action can only be filed by the rightholder of the earlier right. You can find some additional information at the site of the DPMA here.
DPMA refusals

We can assist you to overcome an ex officio refusal of the German Patent and Trademark Office. DPMA refusals of German design patents are mostly formal. The formalities of a German design patent must be observed with scrutiny. However, there is a way to “repair” filings. The DPMA is quite generous with deadlines.

Determination of invalidity actions against German design patents

This procedure can be launched by anyone, because it is based on absolute grounds for invalidity. Absolute grounds are for example the lack of novelty. Another notable ground is: lack individual character. These two usually go hand in hand.

We can either represent the offense or the defense.

Infringement cases, enforcement

Handling complex issues, negotiations, court procedures, customs matters.

Taking over representation
of German designs

Even after application. Please ask us for a quote and we can happily offer you a fixed fee.

FAQ

WHAT DOCUMENTS DO I NEED?

To file a German design patent application we do not need a Power of Attorney. However, we need the full name, address, postal code of the applicant. We also need the general name / type of the product.

HOW MANY PICTURES DO I NEED?

The best way to present a German design patent is to have a picture or drawing from all sides plus one from perspective. This means, generally we use seven pictures or drawing. The maximum is however ten pictures / drawings.

WHAT IS THE BIGGEST PITFALL FOR German design PATENTs?

The biggest pitfall of them all is lack of novelty. If your competitor or yourself or your manufacturer or your distributor already sell the product. In other words, if you seek German design registration after the product hit the market.  In this case the design patent may not be new at the time of application. Later, this could lead to the cancellation of the design patent. It is important to tell us about this, as it is an important aspect. Please also mention foreign design patent applications, because they need to be coordinated.

HOW LONG IS A GERMAN DESIGN PATENT PROTECTED?

The protection lasts five years and can be renewed four times additionally. We would gladly assist you in the renewal of your design patent. If you want to renew a German design patent, you should consult us in due course. It only makes sense to renew a design if there is a commercial purpose of it. The renewal process is fairly simple, however, close attention must be paid about deadlines and typos.

 

 

ARE THE ABOVE FEES FOR GERMAN DESIGN PATENTS TAXED?

Of course. This website is directed at non-German audience. The prices are excl. VAT. However, official fees of the DPMA are 0% VAT anyways. And there is no VAT if you come from outside of the EU. For EU clients we can normally use reverse charge VAT. So you do not have to pay German VAT. We check the prerequisites of applying the reverse charge mechanism each time in advance. Consequently, our electronic invoices contain the right amount of VAT which is zero in 99% of the cases.

Please note however that no fees are paid back by the DPMA in case of an unsuccessful application. This is generally the case with all patent offices around the world.

ARE THESE DESIGN FEES FAIR?

As far as we know, the prices for German design patents are fairly low. This kind of IP right can be turned into a great money maker. Therefore the initial investment is justified. Also generally, it is a good strategy to invest in intellectual property. Moreover, the cost of German design  patent is much lower than the cost of a European design patent (RCD). Hence, if you have business in Germany, for example if you need an amazon brand registry, then a German registration may be sufficient. On the other side, if you have business in several EU Member States, you should consider filling an EU design patent

CAN YOU GIVE SOME EXAMPLES FOR A DESIGN PATENT WITH DRAWINGS?

The DPMA follows the Common Communication on graphic representation of designs This confirms our practice: “Show the design from certain directions (angles) and encompass the following views: front view, top view, bottom view, right side view, left side view, back view and perspective views. The applicant is recommended to file as many views as necessary to fully disclose the features of the design. In some cases one view can be sufficient.” See below examples of registered design patent RCD No. 007958285-0001. The images are a courtesy of SHENZHEN ROCKVISION TECHNOLOGY CO., LTD.
Registered design patent RCD No. 007958285-0001, view 1
Registered design patent RCD No. 007958285-0001, view 3
Registered design patent RCD No. 007958285-0001, view 4
Registered design patent RCD No. 007958285-0001, view 5
Registered design patent RCD No. 007958285-0001, view 6
Registered design patent RCD No. 007958285-0001, view 7
Registered design patent RCD No. 007958285-0001, view 8

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