Germany
Germany

How to Renew a Patent in Germany?

Renew a German patent validated through the European Patent Office (EPO):

If your patent is a European patent that was granted by the European Patent Office and then validated in Germany, you can maintain the patent by paying an annual maintenance fee to the EPO. The first renewal fee of a patent application is due on the second anniversary of the patent's filing date and thereafter, renewal fees are due on an annual basis. Once a patent is granted by the EPO and validated in Germany, the renewal fee is paid to the German Patent and Trademark Office (DPMA). The rules that apply to a national German patent also apply to an EP patent in Germany. For more information on renewal fees related to the EPO, please visit another one of our articles at this link, here.

For example, if the filing date of a patent is 2017-06-15, and the grant date is 2023-04-25, you will have to settle the renewal fee with the EPO starting from 2019-06-30 onwards until 2022-06-30. From 2023 onwards, you will have to settle the renewal fee with the German Patent Office.

Renew a national patent with the German Patent Office: 

In order to maintain a patent application in Germany, a renewal fee must be paid to the German Patent and Trademark Office (DPMA) on an annual basis. The first renewal fee of a patent application is due on the second anniversary of the filing date. Renewal fees in Germany are always due on the last day of the month, which is when the term of protection ends.  

For example, if the filing date of a patent is 2017-06-15, you will only have to settle the renewal fee starting from 2019-06-30 onwards. 

Renewal Fees by Intellectual Property Type

In Germany, there are other types of intellectual property. At PatentRenewal.com, we have all the necessary tools and procedures to ensure that both types can be renewed through us. 

Intellectual Property Type #1 - German Utility Models

A German utility model is valid for 10 years from the filing date. The renewal fees must be paid after the third, sixth, and tenth year. Initially, the design will be protected for 5 years. In order to maintain this protection, you will have to begin paying the renewal fees at the beginning of the fourth year. Renewal fees will always be due on the last day of the month. If the maintenance fee is not paid by the due date, an additional 6-month grace period is given in order for the settlement to take place. You have 2 months to pay the renewal fee without incurring surcharge fees. If the renewal fees are not paid within the first 2 months of the grace period, the remaining 4 months will have an additional 50 EUR surcharge fee added to each utility model. 

If you fail to pay the full amount within the additional time frame, the design protection will lapse.

Intellectual Property Type #2 - German Designs

A German design is valid for 25 years, from the filing date. The renewal fees must be paid after the fifth, tenth, fifteenth, and twentieth year. Initially, the design is protected for five years. In order to maintain this protection beyond the initial 5-year period, you have to pay the renewal fees at the beginning of the sixth year in order to extend the term of protection for another five years. Renewal fees are required for each registered design, even if they are designs of a multiple application. The renewal fees will fall on the last day of the month. If the maintenance fee is not paid by the due date, an additional 6 month grace period is given in order for the settlement to take place. You have 2 months to pay the renewal fee without incurring surcharge fees. If the renewal fees are not paid within the first 2 months of the given grace period, the remaining 4 months will have an additional 50 EUR surcharge fee added for each registered design.

If you fail to pay the full amount within the provided time frame, the design protection will lapse.

Written and edited by the PatentRenewal.com team
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Patent Renewal Fee Intervals in Germany

Starting from the 3rd anniversary of the filing date, patent renewal fees need to be paid every year. For further clarification, please refer to the cost breakdown below.

Year-by-year Patent Renewal Fees at the German Patent Office from July 1st, 2022

The patent renewal fees increase each year.

Patent Year Official renewal fee for patent (EUR)
1
2
3 70
4 70
5 90
6 130
7 180
8 240
9 290
10 350
11 470
12 620
13 760
14 910
15 1060
16 1230
17 1410
18 1590
19 1760
20 1940
Patent Year
Official renewal fee for patent (EUR)
3
490
4
610
5
1090
6
1210
7
1330
8
1450
9
1640
10
1640
11
1640
12
1640
13
1640
14
1640
15
1640
16
1640
17
1640
18
1640
19
1640
20
1640

Germany Patent Renewal Fees FAQ

When is the first patent renewal fee due in Germany?‍
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National patent: The first renewal fee is paid on the second anniversary of the filing date. 

For example, if the filing date of a patent is 2017-06-15, you will only have to settle the renewal fee starting from 2019-06-30. 

German patent validated through the European Patent Office (EPO): The first renewal fee of a patent application is due on the second anniversary of the patent's filing date and thereafter, renewal fees are due on an annual basis. Once a patent is granted by the EPO and validated in Germany, the renewal fee is paid to the German Patent and Trademark Office (DPMA).

For example, if the filing date of a patent is 2017-06-15, and the grant date is 2023-04-25, you will have to settle the renewal fee with the EPO starting from 2019-06-30 onwards until 2022-06-30. From 2023 onwards, you will have to settle the renewal fee with the German Patent Office.

What happens to a German patent before it has been granted?
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National patent: Prior to the grant, the German patent application is in it’s filing stage. You will have to pay the renewal fee to the German patent office irrespective of whether the patent has been granted or not. The first renewal fee of a patent application is due on the second anniversary of the filing date. 

German patent validated through the European Patent Office (EPO): Prior to the grant, the patent application is in its filing stage with the EPO. You can only begin paying the renewal fees to the EPO from the second anniversary of the patent's filing date and thereafter, renewal fees are due on an annual basis. However, once the patent has been granted and validated in Germany, the renewal fee is thereafter paid to the German Patent and Trademark Office (DPMA).

What are the due dates and payment windows?‍
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Renewal fees can be paid one year before the expiry of the payment due date. This rule is applicable to both national  patents as well as to an EP patent in Germany. 

For example, if a renewal due date of a patent falls on 2021-07-31, the payment window to pay the renewal fee will open rom 2020-08-01.

Can I renew a patent after I miss a renewal deadline?‍
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National patent: Yes, it is possible to renew a German patent after its renewal deadline. The latest you can pay your missed payment/late fee is 6 months after the renewal fee was due. You have 2 months to pay the due fee without incurring surcharge and a further 4 months to pay the renewal fee with an incurred surcharge of 50 EUR per case. Failure to pay this fee within the grace period, will result in the patent being lapsed.

German patent validated through the European Patent Office (EPO): The same rule which applies to a national german patent for missing a renewal deadline also applies to an EP patent in Germany.

Do I need assistance from the local council?
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It is not mandatory to make use of a local agent or representative when renewing a German patent. The DPMA accepts a number of payment methods such as; direct cash payments, credit cards, deposit accounts, and wire transfers. This rule is applicable to both national patents as well as to an EP patent in Germany.

How long do patents last in Germany?
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In order to maintain a German patent, renewal fees need to be settled annually. The final payment of the renewal fee is made before the nineteenth anniversary of the filing date. This rule is applicable to both national  patents as well as to an EP patent in Germany.

How can I contact the German Patent Office?‍

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You can get in touch with the German Patent office via email or phone;

Email: info@dpma.de    

Phone: +49 89 2195-1000

For more information on the renewal process in Germany, visit link to their official website. You can search for German patents here.

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