(1) Germans can apply for patents and utility models for the same inventions, and get patent protection at the same time. China patent can also apply for an invention and a utility model for the same invention patent. The difference is that the applicant can get the protection of utility model patent first, but when the invention patent is about to be granted, he must give up the utility model patent, otherwise the invention patent right shall not be granted; ?
(2) The application period for German patents is 7 years from the date of application, and that for China invention patents is 3 years; ?
(3) The novelty standard of German utility model is relative novelty (oral disclosure, public use outside Germany and the applicant's own disclosure within the grace period of 6 months before the priority date will not lose novelty), and China is absolute novelty.
Main differences between German patent system (post-licensing stage) and China patent system;
(1) German inventions need to pay maintenance fees/annual fees in the third year from the date of filing. No matter whether the patent is authorized or not, China's invention only needs to pay an annual fee if it is authorized; ?
(2) German utility models shall pay renewal fees in the third, sixth and eighth years from the date of application to maintain the effectiveness of utility models, while China utility models shall pay annual fees from the time of authorization to maintain the effectiveness of utility models?
(3) The term of protection of design patents is different. The protection period of German design patents is 5 years, and then it will be renewed every 5 years until it reaches 25 years. The term of protection of design patents in China is fixed, that is, 65,438+00 years from the date of application.