Druckschriften zur Beurteilung der Patentfähigkeit Ermittlung

If you want a rough estimate of whether your invention filed as a patent is new and inventive before you file for examination, you can file a request for search.

If you wish, you can file a search request for your application before you file your request for examination, for which a fee will be charged. In this case, the protectability of your filed invention will be assessed and substantiated in a detailed search report. This report also contains the documents that may be relevant for the examination of the patentability of your invention.

You do not have to submit any documents other than the documents to be submitted with the patent application, in particular an understandable abstract of the technical disclosure including a designation of the invention.

You would like to obtain a rough assessment of whether your invention, which has already been applied for as a patent, is new and inventive via the search request, which is subject to a fee.

The current costs can be found in the cost information sheet on fees and expenses of the German Patent and Trademark Office and the Federal Patent Court.

If you wish, you can file a search request for your patent application before you file your request for examination, subject to a fee:

• Go to the website of the German Patent and Trademark Office (DPMA) and open the option "Forms and more" under the tab "Service". Then click on "Patents."
• Download the "Request for the grant of a patent" and enter all the information you have, for example your personal and address details and the designation of your invention. You can fill in the form directly on the computer or print it out and edit it by hand.
  • Note: Under item 7 of this form you will find the option "Search request - Determination of prior art without examination (Sec. 43 Patent Law)".
  • If you have any questions, you can also contact the Central Customer Service of the DPMA.
• Tick the checkbox "Search request".
  • Note: The search request requires a patent application.
• Sign the form and send it with your attachments to the address indicated in the form.
• In addition to sending it by mail or fax, the DPMA also offers you the option of electronic transmission.
• Transfer the search fee due.
• You will receive a detailed search report, including documents that may be relevant for the examination of the patentability of your invention.
• If the search request is filed before or at the same time as the request for examination, the search will be carried out first and a preliminary assessment will be made as to whether the invention applied for is protectable and whether the application is sufficient.

• Payment of the search request fee: within 3 months after receipt of the search request.

No legal remedy is given.

• Printed matter for assessing patentability Determination
• after filing a patent application and transfer of the application fees, a search request with costs can be filed before the request for examination if desired
• the protectability of the filed invention is assessed and substantiated in a detailed search report
• search report contains documents which may be relevant for the examination of the patentability of the invention
• responsible: German Patent and Trademark Office (DPMA)