Exam

When an application for intellectual property rights is filed, intellectual property offices carry out examinations of varying depth and scope, depending on the type of right:

Formal criteria: The Office checks whether the application documents are complete and correct.

Obvious obstacles: A check is carried out to determine whether the invention is, in principle, patentable (e.g. no prohibited subject-matter).

State of the art & patentability (upon request): A comprehensive examination of novelty, inventive step and industrial applicability is only carried out if a specific request for examination is filed.

Formal criteria: Correct submission of documents in terms of completeness and technical accuracy of the content.

What is NOT examined? Whether the invention is actually new, whether there is an inventive step, or whether the rights of third parties are infringed. It is merely registered.

Optional: Upon request, the offices will carry out a prior art search for a fee

For Germany: The Office checks whether the formal requirements are met and whether there are any legal grounds for refusal (e.g. lack of distinctiveness). Important: During the registration process, the Office does not automatically check whether the trade mark is already being used by someone else. You must carry out a search for earlier trade marks yourself or through a solicitor.

An examination is carried out to determine whether a design is formally eligible for registration (e.g. whether it is contrary to public policy). Important: Substantive criteria such as novelty and individual character are not automatically assessed. This is only done in the event of a dispute by the civil courts. Prior to the registration, the applicant themselves or a patent attorney checks databases to see whether any earlier, identical designs already exist.