Patentability Search in Germany
Conduct a search through patent databases, identifying potential conflicts and verifying uniqueness. This stage offers a secure way to R&D, thus helping to avoid legal issues
Conduct a search through patent databases, identifying potential conflicts and verifying uniqueness. This stage offers a secure way to R&D, thus helping to avoid legal issues
How it works
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Within minutes, create a request with an AI assistant and receive offers from dozens of local IP attorneys
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Review offers, compare them, and select the most suitable option. Complete your transaction securely
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Stay informed on the progress and communicate with your attorney through the platform until the process is complete
Patentability Search in Germany
From $350
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An AI-powered IP assistant that helps you create a detailed assignment within minutes.
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Selection of the most suitable local patent attorney based on specific criteria.
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Conducting a search through patent databases, identifying potential conflicts and determining a strategy.
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Online monitoring and reporting on the platform throughout the entire process.
Why iPNOTE?
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More than 800 IP law firms from 150+ countries, ranking and reviews
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An AI-powered IP assistant that helps create tasks and find relevant attorneys
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Flat fees, secure and fast online payments with guaranteed results
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24/7 access to the registration process and online data storage for all your cases
Our clients
Testimonials
Chris
Raylightenergy, China
Wow, what a great service and you will find that the providers are much cheaper than goig direct. All the attorneys are screened and verified so no need to wonder if you are buying a legitimate service. Have used twice so far and will use it again.
Maria
Sherridge, UK
At a glance iPNOTE is a platform designed for professionals. But at the same time they have so helpful customer support that got me through all stages literally by hand. Being client oriented is a relic feature for modern digital services that trying to automate almost each step.
Jeffrey
Tyan Group LLC, USA
First time going through them and they did not disappoint! I got my trademarked filed right away, and Ian clearly explained everything to me! Great service and fair price!! Plan on using them again!
Frequently Asked Questions
What is a patentability search in Germany?
A patentability search in Germany is an investigation to determine whether an invention is novel, inventive, and industrially applicable—three key requirements for obtaining a patent. It involves reviewing existing patents and publications that might affect the chances of getting a patent granted.
Why is a patentability search important before filing a patent application in Germany?
Conducting a patentability search helps identify similar inventions (prior art) that could lead to rejection. It allows applicants to assess the chances of success and to refine their applications accordingly, saving time and costs during the examination process.
Who typically conducts a patentability search in Germany?
Patentability searches are usually performed by patent attorneys or specialized IP professionals who have access to international and national patent databases such as DEPATISnet and Espacenet.
What tools are used for a patentability search in Germany?
Common tools include the German Patent and Trade Mark Office’s database (DEPATISnet), the European Patent Office’s Espacenet, and the World Intellectual Property Organization’s PATENTSCOPE, which allow detailed keyword and classification-based searches.
What information is needed to start a patentability search?
A clear and detailed description of the invention, including its technical features and advantages, is needed. Keywords, possible synonyms, and relevant technical fields are also important to define a precise search strategy.
How long does a patentability search take in Germany?
The time required varies depending on the complexity of the invention but typically ranges from a few days to a couple of weeks for a thorough analysis.
Can I perform a patentability search on my own in Germany?
Yes, you can conduct a basic search using free tools like DEPATISnet. However, a professional search is highly recommended for accurate results, especially for complex inventions.
Does a positive patentability search guarantee that a patent will be granted in Germany?
No, it does not guarantee grant. While it increases the chances by identifying potential obstacles, the final decision rests with the examiner during the substantive examination process.
Get all necessary information about working on the iPNOTE platform
Patentability Search in Germany: Key Aspects of the Procedure
When planning to protect a new invention, a patent search is an essential first step. This process helps evaluate whether an invention meets the legal criteria for protection eligibility before filing a formal application. A thorough search not only saves time and resources but also minimizes risks related to novelty and inventive steps. Germany, being a leading European country in terms of technological development and patent activity, provides a robust framework for conducting such searches effectively.
What Is a Patentability Search?
A novelty examination is a specialized process that aims to uncover existing technical solutions similar to the invention under consideration. The main goal is to determine whether the idea is new, involves an inventive step, and is industrially applicable, which are the three pillars of patentability.
The analysis usually involves reviewing intellectual property databases, scientific publications, and other public sources. Both individual inventors and businesses benefit from this service, especially when planning to enter competitive markets.
Why Conduct a Patent Search in Germany?
Germany boasts a strong intellectual property system supported by the German Patent and Trademark Office (DPMA). The country ranks among the top IP-filing nations in the world. Conducting prior art analysis in this jurisdiction offers several advantages:
- Identification of earlier technical disclosures relevant to the invention
- Increased chances of a successful application
- Avoidance of legal disputes over already existing technologies
- Strategic insights into the activities of competitors
Moreover, examiners apply specific standards when assessing novelty and inventive step. Understanding these standards through a comprehensive check gives applicants a significant edge.
Who Conducts Patent Searches?
Prior art studies can be performed by various professionals and entities, including:
- Attorney specializing in intellectual property law
- Qualified agents and lawyers with technical backgrounds
- Independent consultants
- The DPMA via its digital database tools
- International organizations offering access to global technical disclosures
In most cases, engaging a German firm with experience in the local protection system ensures a higher quality of results. Their understanding of both technical and legal aspects is crucial for interpreting findings accurately.
When and How to Order a Patentability Search
Timing is critical. Ideally, this step should be carried out before drafting and submitting an application. This enables the inventor to make informed decisions and adjust the scope of the innovation if necessary.
There are two common ways to proceed:
1. Independent review using public online tools like DEPATISnet or Espacenet
2. Professional support through a licensed IP expert or organization
Here is a short checklist to guide you through the process:
- Define the technical problem and proposed solution clearly
- Identify relevant keywords and classification codes
- Choose the appropriate database (national or international)
- Analyze the results and consult a specialist if needed
Core Elements of a Successful Patent Search
A quality analysis includes the following components:
- Research strategy: Selection of keywords, synonyms, and classification codes
- Database coverage: German, European, and international intellectual property resources
- Result analysis: Filtering relevant documents and evaluating their relevance
- Final report: Summary of findings and strategic suggestions
Professional reports often include legal insights, especially when prepared by an experienced IP advisor or legal representative.
Key Benefits of a Patentability Search
Below are the main reasons to invest in early-stage prior art research:
- Novelty assessment reveals existing similar innovations
- Avoid duplication of known technologies
- Save resources during application and prosecution stages
- Enhance the quality of your filing
- Better position yourself in licensing or enforcement actions
- Understand the competitive landscape
- Estimate potential cost and risks involved
- Support strategic decision-making in R&D
Legal Framework and Best Practices in Germany
The legal system aligns closely with the European Patent Convention. However, national applications filed through the DPMA undergo independent examination, making it vital to tailor each request to local standards. Applicants should be aware of:
- National vs. European IP protection routes
- Differences in examination timelines
- Language requirements and translation issues
Collaborating with a licensed IP practitioner who understands these nuances can significantly improve the outcome of your strategy.
Final Thoughts
Conducting a patentability study in Germany is a fundamental step in securing exclusive rights. Whether you are an independent inventor, startup, or multinational, investing in a high-quality evaluation—performed by a skilled professional—will always yield long-term benefits. Understanding prior art, the market environment, and the legal landscape empowers innovators to make smarter decisions and increase their chances of success in the highly competitive market.
