DPMA

German Patent and Trademark Office (DPMA): Legal Definition and Functions

Das German Patent and Trademark Office (DPMA) is the central national authority of the Federal Republic of Germany for industrial property protection. It is an independent federal supreme authority under the jurisdiction of the Federal Ministry of Justice. The DPMA is responsible for granting, managing, and monitoring the protection of patents, utility models, trademarks, and designs. Through its activities, the DPMA ensures the legal protection of technical inventions, trademarks, and designs and makes a significant contribution to the promotion of innovation and fair competition.

Legal Basis and Organization of the DPMA

Legal Bases

The tasks, powers, and organizational structure of the DPMA are governed by a variety of national and international legal norms, in particular:

• Patent Act (PatG)
• Trademark Act (MarkenG)
• Utility Model Act (GebrMG)
• Design Act (DesignG)
• DPMA Regulation (DPMA-VerfVO)
• European and international agreements such as the European Patent Convention (EPC) and the Madrid Agreement

Organization and Location

The DPMA has its headquarters in Munich, with additional offices in Jena and Berlin. It is divided into several departments, each responsible for specific intellectual property rights or administrative tasks. The agency is headed by a president.

Tasks and Powers of the DPMA

Examination and Registration Procedures

The DPMA is primarily responsible for conducting examination and registration procedures in the areas of patents, utility models, trademarks, and designs:

• Patents: Examination of applications for inventive step, novelty, and industrial applicability; granting of patent protection
• Utility models: Examination of formal requirements and registration of utility models
• Trademarks: Examination of grounds for refusal and registration as a protective right
• Designs: Registration of designs after formal examination

Legal Disputes and Appeal Proceedings

The DPMA is authorized, within its supervisory powers, to handle legal disputes related to protective rights it has granted or manages, especially through the German Patent and Trademark Office (Trademark Department and Patent Department) as well as, in the second instance, through the Federal Patent Court. It also decides on appeals against decisions of its examination and trademark offices and can issue decisions for the cancellation or limitation of intellectual property rights.

Public Registry System

The agency manages various public registers to protect the legal positions of third parties and provide transparency regarding the status of protective rights:

• Patent register
• Trademark register
• Utility model register
• Design register

This provides effective access to information for businesses, inventors, and the general public.

Procedural Legal Particularities

Principles of Administrative Procedure

As a federal authority, the DPMA is subject to the provisions of the Administrative Procedure Act (VwVfG) as well as to special procedures according to the respective intellectual property law. This concerns in particular:

• Application procedures: Form and content of application documents, electronic filing, official fees, and deadlines
• Opposition procedures: For trademarks and designs, third parties may file oppositions against registrations within statutory deadlines
• Correspondence and Electronic Communication: Since 2022, electronic filings and transmissions have been mandatory, especially for professional representatives.

Participation in International Law

The DPMA acts as the national authority within the framework of international agreements and treaties, such as forwarding international trademark applications according to the Madrid Agreement or receiving international patent applications under the Patent Cooperation Treaty (PCT).

Fee Law and Cost Regulations

DPMA activities are subject to official fees, the amount of which depends on the particular area of intellectual property and the scope of rights applied for. Statutory fees serve to finance the agency and are detailed in the relevant regulations and laws, especially in the Patent Costs Ordinance (PatKostVO) and the Trademark Fee Ordinance (MarkenV).

Legal Significance and Protective Function

Protection of Industrial Rights

By registering and monitoring intellectual property rights, the DPMA ensures the legal protection of inventions, trademarks, and designs, thereby enabling their commercial exploitation, licensing, and judicial enforcement.

Legal Consequences of Registration

Registered intellectual property rights enjoy statutory protection against third parties from the date of registration or grant. The scope of protection is governed by the relevant laws and includes extensive claims for injunction and cease-and-desist against infringers.

Cancellation and Nullity Proceedings

The DPMA accepts applications for the cancellation of registered rights, examines formal and substantive requirements, and decides on the matter within its legal jurisdiction, sometimes in cooperation with the Federal Patent Court.

Cooperation with Courts and Other Authorities

The DPMA works closely with other national and international authorities and courts, in particular with:

• Federal Patent Court (BPatG) – Appeal instance against decisions of the DPMA
• European Patent Office (EPO) – Cooperation at the European level
• European Union Intellectual Property Office/EUIPO – for EU trademarks and Community designs

Conclusion: Legal Status of the DPMA in the Industrial Property Protection System

The German Patent and Trademark Office is the core institution of the national industrial property protection system in Germany. It serves as a contact point for inventors, companies, and designers. Its work is shaped by a variety of legal regulations that ensure legally compliant administration, effective protection of intellectual property rights, and enforceability.

The legal protection and enforcement of industrial property rights in Germany usually begin at the DPMA, which thus plays a central and fundamental role in the German and international legal environment for innovation and competition law.

Frequently Asked Questions

How does the opposition procedure against a trademark registered with the DPMA work?

The opposition procedure against a trademark registered with the German Patent and Trademark Office (DPMA) can be initiated within three months after publication of the registration in the trademark register. The opposition must be filed in writing with the DPMA, accompanied by a statement of grounds and payment of the appropriate fee. Eligible to file an opposition are, in particular, holders of earlier rights, such as earlier trademark rights or other grounds for refusal pursuant to Section 42 MarkenG. During the procedure, the office examines, in particular, whether there is a likelihood of confusion between the registered trademark and an earlier right invoked by the opponent. In the course of the opposition proceedings, the DPMA may offer the parties an opportunity to comment, especially to reach a settlement. If no settlement is reached and the office upholds the opposition, the trademark registration will be deleted in whole or in part. Otherwise, the opposition is rejected. An appeal against the decision may be filed with the Federal Patent Court within one month of notification.

What legal protection options does the DPMA offer for technical inventions?

For technical inventions, the DPMA offers in particular patent protection, utility model protection, and design protection (registered design). Patent protection can be obtained for new and inventive technical solutions that are industrially applicable. The application is filed with the DPMA and undergoes a comprehensive examination procedure verifying the requirements for protection. The patent grants the holder the right to prohibit third parties from using the invention and is valid for up to 20 years from the filing date, provided annual fees are paid. The utility model, also known as a “small patent,” can also protect technical inventions, but without substantive examination of the protection requirements before registration (“formal registration”). The protection period for a utility model is up to 10 years. Additionally, aesthetic and technical innovations can be protected under design law, where the protection is limited to the external appearance of products.

How does the DPMA legally examine intellectual property rights and what role does research play?

When registering patents and trademarks, the DPMA examines the essential legal grounds for refusal. For trademark applications, examination covers absolute grounds for refusal, such as lack of distinctiveness or descriptive indications (§ 8 MarkenG). Relative grounds for refusal, i.e., conflicts with older third-party rights (e.g., earlier trademarks or trade names), are not checked by the DPMA ex officio, but only in an opposition procedure. The applicant’s own research is essential, as they are responsible for knowledge and avoidance of conflicts with pre-existing rights. For patents, the DPMA examines both novelty and inventive step as well as industrial applicability. A comprehensive search by the DPMA takes place during the patent granting procedure, while for utility models and designs only a formal examination, and not a substantive examination of the state of the art or novelty, is conducted. The DPMA nevertheless recommends independent searches in these cases as well, to avoid later legal disputes and cancellation procedures.

What options are available at the DPMA for subsequent legal defense and acquisition of rights?

After registration of an intellectual property right, the DPMA offers various instruments for legal defense. These include, among others, the already mentioned opposition procedure for trademarks, or an application for cancellation due to invalidity or revocation for all intellectual property rights. Acquisition of rights to already registered protective rights can take place through transfer, licensing, attachment, or succession. Any change in ownership must be reported to the DPMA and will be registered, provided it is legally admissible and proven. Register entries are very important for advancement of rights, for example, in court disputes or in the case of licenses. However, a registry entry does not create any substantive legal effect, but is solely declaratory.

What legal requirements does the DPMA place on representation in office procedures?

Before the DPMA, there is generally no compulsory representation by a lawyer for individuals or legal entities with a registered office or residence in Germany. However, foreign applicants without a registered office or residence in the European Economic Area must be represented by a lawyer or patent attorney admitted at the DPMA (§ 96 MarkenG, § 25 PatG). In more complex proceedings, particularly in connection with oppositions, cancellations, or nullity actions, it is regularly recommended to engage a specialized lawyer or patent attorney to meet the specific legal requirements. Representation must be notified to the office; the representative must prove their authority to act. Proper representation is especially relevant for compliance with deadlines and formal requirements, as mistakes here can lead to loss of rights.

In which cases does the DPMA conduct nullity or cancellation proceedings, and how does this work?

A nullity or cancellation procedure can be initiated at the DPMA if there are doubts about the legality of an existing intellectual property right. For trademarks, cancellation applications can be filed on the grounds of absolute grounds for refusal (§ 50 MarkenG) or for non-use (§ 49 MarkenG). For patents, nullity proceedings are conducted at the Federal Patent Court, while for utility models, cancellation proceedings are handled by the DPMA. The right to file an application is governed by the applicable laws: for trademarks, for example, any person is entitled, while for patents, usually only a harmed third party can file. In the procedure, the DPMA examines the stated reasons for cancellation and gives both parties (the rights holder and the applicant) the opportunity to comment. If the DPMA concludes that the grounds for cancellation exist, the protective right is deleted accordingly. An appeal to the Federal Patent Court is again possible against the decision. The procedures involve different court costs depending on the area of law and require compliance with strict substantive and procedural requirements.