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ARTICLE · 06 FEBRUARY 2023

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Patent Prosecution

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Patents are granted for technical inventions. Technically, inventions are usually in the field of engineering, chemistry, pharmaceuticals and physics. In contrast to other jurisdictions...

GermanyIntellectual Property
Bernhard Ganahl
Bernhard Ganahl
Jan Robert Naefe
Jan Robert Naefe
Markus Zoller
Markus Zoller
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How do you get a patent in your jurisdiction?

Q: What types of patent are granted in your jurisdiction, and what rights do they confer on owners?

Patents are granted for technical inventions. Technically, inventions are usually in the field of engineering, chemistry, pharmaceuticals and physics. In contrast to other jurisdictions (eg, the United States), non-technical inventions (eg, business methods) cannot be patented in Germany. Besides patents, protection for a technical invention can be obtained through a utility model. However, methods are excluded from protection by utility models. The main rights conferred by patents (and utility models) include claims to request an infringing party cease and desist infringing activity and claims for damages. However, products and processes protected by a patent may be used for private use or research.

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