Important notice of 8 March 2022
On the occasion of the current situation in Ukraine
It is with deep dismay and great concern that the German Patent and Trade Mark Office (DPMA) is following the news about the armed conflicts after Russia's attack on Ukraine and their consequences for Ukrainian applicants. We would like to support the people of Ukraine, in the best possible way, in the field for which we are responsible and assure them: The DPMA will take the current situation into account with respect to IP procedures, as far as possible under the statutory framework conditions.
This applies in particular to the granting of requests for the extension of time limits fixed by the DPMA. Statutory time limits cannot be extended by the DPMA. However, the DPMA advises the applicants of the possibility of re-establishment of rights. Any person who through no fault of his or her own was prevented from observing a statutory time limit due to current circumstances, may have his or her procedure restored upon request. The person filing the request is then treated as if he or she had observed the time limit. Whether the requirements for re-establishment are fulfilled has to be assessed in each individual case by the competent unit at the DPMA.
For the requirements and scope of application of re-establishment, please refer to the respective provisions in IP legislation.
Re-establishment is governed for procedures
- in patent matters by section 123 of the Patent Act (Patentgesetz),
- in trade mark matters by section 91 of the Trade Mark Act (Markengesetz),
- in design matters by section 23 (3) sentence 3 of the Design Act (Designgesetz) in conjunction with section 123 (1) to (5) and (7) of the Patent Act,
- in utility model matters by section 21 (1) of the Utility Model Act (Gebrauchsmustergestz) in conjunction with section 123 of the Patent Act, and
- in semiconductor protection matters by section 11 (1) of the Semiconductor Protection Act (Halbleiterschutzgesetz) in conjunction with section 123 of the Patent Act.
Last updated: 8 March 2022