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Patent fees

Overview of patent fees
Type of fees  Amount 
Application fee for electronic filing (including ten patent claims)   40 euros 
- for each further claim the fee is increased by  20 euros 
Application fee for paper-based filing (including ten patent claims)   60 euros 
-for each further claim the fee is increased by   30 euros 
Fee for search request   300 euros 
Examination fee after a search request has been filed   150 euros 
Examination fee without previous search request   350 euros 
Annual fee for the 3rd patent year  70 euros 
Annual fee for the 4th patent year   70 euros 
Annual fee for the 5th patent year   90 euros 
Annual fee for the 6th patent year   130 euros 
Annual fee for the 7th to the 20th patent year   see information leaflet pdf-Datei Information Concerning Costs, Fees and Expenses  
Opposition proceedings  200 euros 
The annual fees will be reduced by half, if a declaration on the willingness to grant licences to anyone is made, pursuant to Section 23(1) of the Patent Act (Patentgesetz). 

Payment periods and notices

  • After filing your patent application you will receive an acknowledgement of receipt with your file number. The DPMA does not send out any invoices or further fee notifications.
  • Please make sure that the application fee is received at the DPMA within three months after the date of filing. Otherwise the application is deemed to be withdrawn by operation of law (Sec. 6(2) Patent Costs Act [Patentkostengesetz]).
  • At the beginning of the third year you have to pay annual fees to maintain protection of your patent; you will not receive an invitation to pay the fees. The first annual fee is due on the last day of the month in which the respective term of protection ends (that means two years after filing the application). Then, you have two months to pay the due fee without surcharge and a further four months to pay the fee with a surcharge for late payment of 50 euros (see information leaflet pdf-Datei Information Concerning Costs, Fees and Expenses).

When is the annual fee due? - An example:

The filing date of your patent is 15 June 2017. The first annual fee is due on 30 June 2019. If you have not paid the annual fee by 31 August 2019, a surcharge for late payment of 50 euros will be due. Then you will still have time until 31 December 2019, to pay the annual fee AND the surcharge. If you fail to pay within that last time limit or fail to pay in full, the patent will lapse.

  • If the annual fee is not paid at all, not paid on time or not paid in full, the application is deemed to be withdrawn or the patent lapses.
  • Advance payment of the annual fee may be made one year before expiry of the respective term of protection at the earliest.
  • For applications of addition/patents of addition no annual fees have to be paid.
  • In DPMAregister you will see when your patent is due for renewal. For patents which are still in force the next due date for fees is displayed in the list of master data, in the line “Due date”.

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PCT fees

Information on the fees for the international patent application under the Patent Cooperation Treaty (PCT) is available here. More information on the PCT application is available here.
Frequently asked questions on the fees for the international patent application under the PCT is available here.

International phase

PCT - fees
Filing option  Transmittal
fee
 
International filing fee[1]  Search
fee
 
Total amount   [1]reduction factored in 
Paper  90 euros  1,219 euros  1,875 euros  3,184 euros   
electronic
(request in XML - description and claims: PDF/TIFF) 
90 euros  1,036 euros  1,875 euros  3,001 euros  183 euros 
electronic
(request in XML - description and claims: XML) 
90 euros  944 euros  1,875 euros  2,909 euros  275 euros 
The 31st sheet and each additional sheet: 14 euros 

Payment period

The transmittal fee, the search fee and the international filing fee shall be paid within one month from the date of the receipt of the international application (Art. III Sec.1(3) Act on International Patent Conventions [Gesetz über internationale Patentübereinkommen], Rules 14.1(c), 15.4(a) and 16.1(f) PCT Regulations).

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Other additional fees in relation to a PCT application at the DPMA
Service  Amount 
Official production of the priority document (separate invoice will be issued)
Payment indicating the national file number 
20 euros 

Entry into the national phase under the PCT at the DPMA

The respective applicable fees are determined according to the Patent Costs Act.

PCT- fees - national phase
Type of fees  Amount 
For a patent: 
Filing fee for an application including up to ten patent claims
(Fee number 311 150) 
60 euros 
Filing fee for an application including more than ten patent claims  60 euros 
- for the eleventh and each further claim the fee is increased by
(Fee number 311 160) 
30 euros 
Fee for examination request if an international search report has been established
(Fee number 311 300) 
150 euros 
Fee for examination request if no international search report has been established
(Fee number 311 400) 
350 euros 
Annual fee for the third year, pursuant to Section 17(1) Patent Act   70 euros 

Notices

  • The purpose of payment, i.e. fee number (see above) and the complete file number (PCT), must be indicated when making the payment for national phase entry.
  • If you wish to renew protection of European patents (EP) in Germany (national phase), please always indicate the official German file number.

It is true that, for EP patents, as a rule, the indication of the European file number is equivalent to the indication of the German file number, but it means additional search work at payment transactions. The EP publication number should not be used, because it does not allow to run a plausibility check on the official file number.

  • The number of patent claims of the international applications as originally filed determines the amount of the filing fee.

If the filing fee is not paid or not paid in full within 30 months from the priority date, the international application will forfeit the effect of a national application in Germany.

  • Please note that no fee notifications/invitations to pay will be sent out. Processing of the examination request will not begin before the fee for the examination request has been paid.

European patent in the national phase

You wish to renew a European patent which is valid in the national phase in Germany?
We have compiled a pdf-Datei Checklist for you indicating the things to be taken into consideration.

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Last updated: 18/10/17 

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