28/03/2023
The German Patent and Trade Mark Office has published its annual statistics for 2022. The results are available here.
In summary:
- The statistics show that overall the number of patent applications filed with the DPMA was constant.
- However, a decline (- 6.7%) in German patent applications filed by domestic applicants in Germany is counterbalanced by an increase (+6.6%) of filings from non-domestic applicants.
- Over the 20,000 patent applications filed in Germany by overseas applicant, over 6,000 patent applications were received from Japan, and nearly 7,000 patent applications from the US.
- For the respective countries, the annual percentage increase was as follows, United States (+16.2%), Japan (+3.4%), China (+23.6%) and the Republic of Korea (+5.0%).
The increase in German national patent filings from non-domestic applicants might be a result of the elimination of the prohibition against double protection triggering a renaissance of the German national patent.
Under the old regulation applying to classical EP patents, German patent law has a prohibition against double patenting. Thus, any national German patent that overlapped with the German part of the European patent, was no longer enforceable with regard to the overlapping subject matter.
In contrast, under the new regulation applicable to Unitary Patents, German patent law no longer provides for a double protection prohibition. Thus, any existing German national patent is not affected by the grant of a Unitary Patent, and both patents can exist independently.
This provision is reported on in more detail on the German patent office website here.
As a consequence of the new law, a German national patent can be used as a fail-safe measure, in case the Unitary Patent is revoked by a nullity action before the Unified Patent Court. In summary, applicants should consider the possibility of filing a German “back-up” national patent for important European patent cases, which then might remain opted-in to the new UPC-System.
This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.
