Patent Filing in Germany
File your PCT national phase application in Germany with the German Patent and Trade Mark Office (DPMA) through AnalystIP, within 31 months from the priority date. Every requirement below is taken from the WIPO PCT Applicant's Guide and kept up to date by our team.
When is your national phase deadline in Germany?
Enter the earliest priority date of your PCT application (or the international filing date if there is no priority).
Patent filing in Germany: key facts
The Office does not permit reinstatement of rights under PCT Rule 49.6.
No filing fee is payable if the international application was filed with the German Patent and Trade Mark Office as receiving Office.
Request examination within seven years from the international filing date.
20 years from the international filing date
Due for the 3rd and each later year, counted from the international filing date.
Utility model protection is available.
Official fees for patent filing in Germany
Filing in several countries? Compare fees with other countries →
Standard official fees (general)
From the WIPO PCT Applicant's Guide, updated April 10, 2026). Amounts in EUR. Your exact fees depend on your application: use the calculator above.
| Fee | Amount | Notes |
|---|---|---|
| Filing fee: international application with up to 10 claims | EUR 60 | Calculated on the claims as originally filed, not as later reduced. Adding claims later may increase the fee. Must be paid within the PCT Article 22 or 39(1) time limit. |
| Filing fee: international application with over 10 claims | EUR 60 | Plus fee for each claim exceeding 10. Calculated on the claims as originally filed. Must be paid within the PCT Article 22 or 39(1) time limit. |
| Filing fee: each claim exceeding 10 | EUR 30 | Calculated on the claims as originally filed, not as later reduced. Adding claims later may increase the fee. |
| Annual fee for the 3rd year (patents) | EUR 70 | Due on the last day of the month containing the second anniversary (24 months) of the international filing date. If early national entry is not initiated, it may be paid without surcharge within two months after the 31-month time limit, or with surcharge within six months after that time limit. |
| Filing fee (utility models) | EUR 40 | Must be paid within the PCT Article 22 or 39(1) time limit. No filing fee is payable if the application was filed with DPMA as receiving Office. |
Fee reductions: No filing fee is payable if the international application was filed with the German Patent and Trade Mark Office as receiving Office. The fee for requesting examination is reduced where an international search report has been established.
National phase entry requirements
Time limit
Under PCT Article 22(3): 31 months from the priority date. Under PCT Article 39(1)(b): 31 months from the priority date.
Also available through the European Patent Office (31 months).
Translation
The translation must be furnished within the time limit under PCT Article 22 or 39(1). Under Article 22 it must cover the description, claims (if amended, both the original and amended versions, with any Article 19 statement), any text matter of drawings, and the abstract. Under Article 39(1) it must cover the description, claims, any text matter of drawings, and the abstract (if amended, both the original and the amended versions as annexed to the IPER). A translation of the abstract is not required for a utility model application.
Late entry and reinstatement
The Office does not permit reinstatement of rights under PCT Rule 49.6. The Office does not accept the effect of restoration of the right of priority by the receiving Office (PCT Rule 49ter.1) or requests for restoration of the right of priority (PCT Rule 49ter.2).
Agent and power of attorney
An agent is required only if the applicant has neither residence, principal place of business, nor an establishment in Germany. The agent may be a patent attorney, attorney-at-law, or firm of representatives established in Germany and authorized to represent the applicant before the Office. Patent attorneys or attorneys-at-law from EU, EEA, or Swiss states authorized to practise in Germany or provide temporary services may also act, and certain firms from EU, EEA, or WTO member states may act under further requirements.
Special requirements of the office
- Where the applicant is a legal entity, indication of the name of an officer representing that entity.
- Declaration concerning the inventor and the applicant's right to apply for a patent. This may be satisfied by a declaration made under PCT Rule 4.17.
- Appointment of an agent if the applicant is not resident in Germany.
- If the international application is for both a patent and a utility model, the translation must be furnished in duplicate.
- Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in electronic form.
- Furnishing of any missing indication of the address and residence of each applicant.
Other information
- If the special requirements are not complied with within the PCT Article 22 or 39(1) time limit, the Office will invite the applicant to comply within a time limit fixed in the invitation.
- The Office does not accept color drawings under its national law.
- The Office may ask for a copy of the international application if earlier national phase entry is requested under PCT Article 23(2), unless the application was filed with DPMA as receiving Office. It may also ask for a copy of any claim amendments made under PCT Article 19.
- Fees must be paid in euro, and payment must identify the application number, the applicant's name, and the fee category.
Source: WIPO PCT Applicant's Guide, national chapter, updated April 10, 2026).
What you need to file in Germany
Filing requirements in detail
| Extension of the filing deadline | NO |
|---|---|
| Late translation allowed | No |
| Amendments at entry | Possible |
| Article 19 amendments | Possible |
| Annuities at entry | Yes/If falls from International Filing date |
| Declaration / IDS | Yes |
Patent filing in Germany: questions
What is the deadline for PCT national phase entry in Germany?
31 months from the earliest priority date.
Can I enter the national phase in Germany after the deadline?
The Office does not permit reinstatement of rights under PCT Rule 49.6. The Office does not accept the effect of restoration of the right of priority by the receiving Office (PCT Rule 49ter.1) or requests for restoration of the right of priority (PCT Rule 49ter.2).
In which language must the application be filed in Germany?
German. The translation must be furnished within the time limit under PCT Article 22 or 39(1). Under Article 22 it must cover the description, claims (if amended, both the original and amended versions, with any Article 19 statement), any text matter of drawings, and the abstract.
Do I need a local patent attorney in Germany?
An agent is required only if the applicant has neither residence, principal place of business, nor an establishment in Germany. The agent may be a patent attorney, attorney-at-law, or firm of representatives established in Germany and authorized to represent the applicant before the Office.
Are there official fee reductions in Germany?
No filing fee is payable if the international application was filed with the German Patent and Trade Mark Office as receiving Office. The fee for requesting examination is reduced where an international search report has been established.
How does examination work in Germany?
Request examination within seven years from the international filing date.
Is utility model protection available in Germany?
Utility model protection is available.
How much does patent filing in Germany cost?
The cost is the official fees of the patent office plus professional fees. The standard official fees from WIPO are listed on this page; the calculator works out the exact official fees for your application (pages, claims, applicant type) after a quick email check, and our team sends a full quote on request.
File in Germany with AnalystIP
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