National Law relating to EPC, VII. Conversion of European patent applications or patents into national patent applications, Germany
VII. Conversion of European patent applications or patents into national patent applications
| Contracting state | Germany |
|---|---|
1Basis for conversion |
Deemed withdrawal pursuant to Art. 77(3) EPC Art. II § 9(1) LIPC |
2Procedural steps to be taken |
(a) Payment of national filing fee (b) Filing of a German translation of the patent application (c) Filing of the designation of the inventor, if not indicated in the European application Art. II § 9(1), (2) LIPC |
3Time limit for taking procedural steps referred to in section 2 |
(a) 3 months from filing of the request for conversion (b) 3 months after notification of a request by the DPMA § 6(1) LPF |
4Must a national professional representative be appointed? |
Not required for procedural steps referred to in section 2; an authorised professional representative before the EPO is not required to file a new authorisation. A domestic representative must be appointed to handle the rest of the procedure. § 25 PA |
5Special features |
As regards the legal device known as derivation (Abzweigung) of an application for a utility model from an EP application, see OJ EPO 1987, 175. |