Matthias Rößler - 30. March 2022

DMPA: Patent Law Modernization Act

The 2nd Patent Law Modernization Act for new regulations in patent law and other areas of IP protection was prepared for the long term and came into force on August 18, 2021.

We reported on the planned new regulations in patent law for proceedings before the DPMA back in February 2020.

Extension of time limit for international applications (PCT)

From May 1, 2022, applicants will have 1 month longer to initiate the national phase at the DPMA.

The relevant period has been extended from 30 to 31 months from the filing or priority date so far.

The new deadline applies to all applications for which the previous deadline (30 months) for nationalization has not yet passed on May 01, 2022.

Inventor Appointment

Also on May 1, 2022, the inventor's name and location must be mentioned in patent publications and in the register. The omission of the publication of these data can be requested by the inventor.

Fees for joint applicants

Already in effect on August 18, 2021, is the provision that joint owners or applicants will be treated as one applicant for fee purposes. In the past, fees were determined by head count.

This applies both in proceedings before the DPMA and in appeal proceedings.

Increase in annual fees

In addition to the Second Patent Modernization Act, the Act on Further Tasks of the German Patent and Trademark Office and Amending the Patent Costs Act entered into force on September 7, 2021.

As of July 1, 2022, the fees for maintaining patent applications or patents, starting from the 5th year, will be increased.

Second Patent Law Simplification and Modernization Act

The full proclamation is available online on the homepage of the BMJ.

Regarding Matthias Rößler:

Matthias Rößler, German and European Patent Attorney since 2003, studied mechanical engineering at the RWTH Aachen. He is co-founding partner of karo IP. A main focus of his practice is the management of large patent portfolios and the enforcement of bilateral litigation proceedings before patent offices and patent courts. His additional qualification as Master of Laws (LL.M.) qualifies him especially for multinational infringement matters in Europe.

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