Obtaining Property Rights

Obtaining Property Rights

With all industrial property rights such as the patent, the utility model, the trademark and the design patent, application documents must be drawn up and submitted that define the object which is to be placed under protection. There are big restrictions on changes and additions to these application documents, which is why the drawing-up of the application documents should be performed with the utmost care and from a long-term perspective.

On the basis of the application documents, the application is submitted to the German Patent and Trademark Office (DPMA) or also to other offices depending on the type of property right. If only registration following formal examination occurs, as with the utility model and the design model, then a corresponding notification can be expected within a short space of time. If an examination of patentability is performed for a patent, or for absolute grounds of refusal with the trademark, and the competent office has doubts about it, there will need to be a discussion with the office and, where applicable, changes will need to be made to the desired protection in order to obtain the grant or registration.

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