Filing a search request for a preliminary assessment of the protectability of a patent application
If you wish, you can file a fee-based search request for your application before filing your request for examination. In this case, the protectability of your invention will be assessed and substantiated in a detailed search report. This report also contains the documents that may be relevant for examining the patentability of your invention.
- Publications for assessing patentability Determination
- After filing a patent application and transferring the application fees, a search request can be filed on request prior to the request for examination for a fee
- the patentability of the invention applied for is assessed and substantiated in a detailed search report
- The search report contains documents that may be relevant for examining the patentability of the invention
- responsible: German Patent and Trade Mark Office (DPMA)
Apart from the documents to be submitted with the patent application, in particular a comprehensible abstract of the technical disclosure including a description of the invention, you do not have to submit any further documents.
You would like to use the fee-based search request to obtain a rough assessment of whether your invention, for which a patent application has already been filed, is new and inventive.
The current costs can be found in the cost information sheet on fees and expenses of the German Patent and Trade Mark Office and the Federal Patent Court.
If you wish, you can file a fee-based search request for your patent application before filing your request for examination:
- Go to the website of the German Patent and Trade Mark Office (DPMA) and open the "Forms and more" option under the "Service" tab. Then click on "Patents".
-
Download the "Application for the grant of a patent" and enter all the information you have, for example, your personal details and address as well as the title of your invention. You can fill in the form directly on your computer or print it out and edit it by hand.
- Note: Under point 7 of this form you will find the option "Search request - determination of the state of the art without examination (Sec. 43 Patent Act)"
- If you have any questions, you can also contact the Central Customer Service of the DPMA.
-
Check the "Search request" box.
- Note: The search request requires a patent application.
- Sign the form and send it with your attachments to the address indicated on the form.
- In addition to sending the form by post or fax, the DPMA also offers you the option of electronic transmission.
- Transfer the search fee due.
- You will receive a detailed search report which also contains the documents that may be relevant for examining the patentability of your invention.
- If the search request is filed before or at the same time as the request for examination, the search is carried out first and a preliminary assessment is made as to whether the invention applied for is eligible for protection and whether the application is sufficient.
- Payment of the search request fee: within 3 months of receipt of the search request
There is no legal remedy.
German Patent and Trade Mark Office (DPMA)
Forwarding service: Deep link to the portal of origin
The text was automatically translated based on the German content.
- Publications for assessing patentability Determination
- After filing a patent application and transferring the application fees, a search request can be filed on request prior to the request for examination for a fee
- the patentability of the invention applied for is assessed and substantiated in a detailed search report
- The search report contains documents that may be relevant for examining the patentability of the invention
- responsible: German Patent and Trade Mark Office (DPMA)
Apart from the documents to be submitted with the patent application, in particular a comprehensible abstract of the technical disclosure including a description of the invention, you do not have to submit any further documents.
You would like to use the fee-based search request to obtain a rough assessment of whether your invention, for which a patent application has already been filed, is new and inventive.
The current costs can be found in the cost information sheet on fees and expenses of the German Patent and Trade Mark Office and the Federal Patent Court.
If you wish, you can file a fee-based search request for your patent application before filing your request for examination:
- Go to the website of the German Patent and Trade Mark Office (DPMA) and open the "Forms and more" option under the "Service" tab. Then click on "Patents".
-
Download the "Application for the grant of a patent" and enter all the information you have, for example, your personal details and address as well as the title of your invention. You can fill in the form directly on your computer or print it out and edit it by hand.
- Note: Under point 7 of this form you will find the option "Search request - determination of the state of the art without examination (Sec. 43 Patent Act)"
- If you have any questions, you can also contact the Central Customer Service of the DPMA.
-
Check the "Search request" box.
- Note: The search request requires a patent application.
- Sign the form and send it with your attachments to the address indicated on the form.
- In addition to sending the form by post or fax, the DPMA also offers you the option of electronic transmission.
- Transfer the search fee due.
- You will receive a detailed search report which also contains the documents that may be relevant for examining the patentability of your invention.
- If the search request is filed before or at the same time as the request for examination, the search is carried out first and a preliminary assessment is made as to whether the invention applied for is eligible for protection and whether the application is sufficient.
- Payment of the search request fee: within 3 months of receipt of the search request
There is no legal remedy.
German Patent and Trade Mark Office (DPMA)
Forwarding service: Deep link to the portal of origin
The text was automatically translated based on the German content.