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Patents protect new technical inventions. They confer to
their owners a territorial (monopoly) right. Patents allow to derive economic benefits from inventions. The patent owner alone is entitled to exploit the invention. He can prohibit an unauthorised
commercial use of the patented invention.
The publication of his invention can serve as a standard
for other inventors and as a basis for further developments in the relevant field of technology.
Patents play an important role in business
decision-making processes. The patent portfolio of a company showcases its innovative potential and economic capacity. Patents show strategies and development trends. They are an important factor in
the evaluation of companies.
Filing an invention at the German Patent and Trademark
Office does not automatically create a patent. The invention will only be patented after a legally-prescribed procedure has been conducted and concluded with a positive result. The exclusive right of
use and the right to prevent others from using the invention come into effect with the grant of the patent.
A granted patent has a (retroactive) effect from the date
of filing for a maximum period of 20 years. Special provisions apply to inventions in the field of pharmaceuticals and plant protection products, for which supplementary protection certificates can
be granted under certain circumstances that extend protection for up to 5 years beyond the maximum term of the patent.
European and International Applications are possible.
Under § 1 Patentgesetz (Patent Law), there are three
criteria for patentability:
novelty
inventive step and
industrial applicability
No technical inventions and therefore not patentable are:
discoveries
scientific theories
mathematical
methods
aesthetic creations
schemes, rules and methods for performing mental acts, playing games or doing business and
programs for computers and presentation of information
Furthermore, patents are not granted in respect of:
inventions contrary to public policy or
morality
animal and plant varieties.
Under certain circumstances, patents are available for
inventions in the field of microbiology and biotechnology and Computer programs.
Although programs for computers and the presentation of information „as such” are not patentable, inventions may be patented that require a computer. So-called „computer implemented
inventions” must be based on technical considerations and solve a technical problem.
Programs for computers are only patentable if the program
requires a new and inventive hardware of the computer system.
In addition, computer implemented inventions may have a
technical character if the used technical means (computer system) are not new.
Technical inventions may be applied for as patents
- for Germany
- european for 38
states or
- international for 157 states
at the
- German Patent and Trademark Office or
- European Patent Office.
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