An appeal is a legal remedy that can be used against decisions by patent offices and courts. This legal remedy is generally not employed against judgments, as they can usually only be contested through appeal or revision. In the course of appeal proceedings, a legal and factual review of the contested decision can take place. Appeal proceedings against decisions of the German Patent and Trademark Office (DPMA) are conducted at the Federal Patent Court, while proceedings against decisions of the EPO take place at the Boards of Appeal of the EPO.

Auxiliary requests can be filed in addition to the main request in proceedings before the DPMA and the EPO and before the courts. An auxiliary request is a request that is filed under the condition that the main request is not being granted. During grant proceedings, this often involves a request for a hearing/oral proceedings if the submitted claims are not deemed patentable. In opposition proceedings and nullity proceedings, different versions of claims are regularly filed as auxiliary requests to maintain different fallback positions in the course of the proceedings.

At the Central Customs Authority for the Legal Protection of Intellectual Property [Zentralstelle für den gewerblichen Rechtsschutz, ZGR] you can apply for the border seizure of products that violate patents, trademarks or designs. Customs stops potentially infringing products upon importation and informs the rights holder.

By claiming an employee invention, all intellectual property rights associated with the employee invention are transferred from the employee inventor to the employer. If an employer does not release a reported employee invention within four months, the employee invention is automatically deemed to have been claimed (German law). Employee inventors are entitled to appropriate compensation for claimed employee inventions. The employer is obliged to file for the grant of intellectual property rights for the employee invention.

Competitor analysis in the IP area provides information on the property rights held by one or more competitors. This can include patents, patent applications and trademarks, as well as designs. Competitor analysis can be used to investigate how a competitor has protected its products. It is also possible to find out in which technical fields patent applications have been filed, for example. Based on this, it is possible to estimate the development priorities of a competitor.

Until 2016, EU trademarks were referred to as Community Trademarks. An EU trademark can be used to protect a trademark for all EU member states by means of a single registration procedure in one language. The EU trademark is an exclusive right in all EU member states.

As long as a patent application is pending, in particular during the examination proceedings, a divisional application may be filed. The divisional application is based on the content of the original patent application, but is the subject of independent patent grant proceedings. Several divisional applications may be filed from one original patent application.

The handling of inventions by employed inventors is regulated by employee invention law. In the Federal Republic of Germany, this is laid down in the Employee Invention Act [Arbeitnehmererfindergesetz]. According to this, the rights to an invention are held by the person who made the invention. The rights can be transferred to the employer. Remuneration for the use of inventions by employers is also governed by the Employee Invention Act.

A trademark is a sign intended to distinguish the goods and services of one company from the goods and services of another company. The sign of a trademark can be a word, a picture or a particular color. Sound trademarks and 3D trademarks are now also eligible for protection. A trademark is entered in the trademark register in particular if the sign applied for distinguishes the goods and services of one company from those of other companies and there is no general interest in preserving the availability of the sign for competitors.

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Subsequently published patent applications with an earlier priority date are also referred to as late published prior art. Patent applications that have already been filed but have not yet been published are considered to be prior art under German and European patent law, even though their contents are not available to the public at the filing or priority date of the subsequent application. Late published prior art is only taken into account during the novelty examination and is not used to assess inventive step. In examination proceedings before the DPMA, national patent applications and European patent applications can constitute notional prior art (Sec. 3(2) PatG). In examination proceedings before the EPO, European patent applications count as notional prior art (Article 54(3) EPC).

Litigation proceedings are so-called adversarial proceedings, i.e. proceedings with an opposing party. Typical litigation proceedings are patent infringement proceedings, nullity actions, utility model cancellation proceedings, oppositions and trademarks opposition proceedings.

Annual fees, maintenance fees or renewal fees must be paid to the Patent Office in order for property rights to remain in force. This applies equally to patent applications, patents, utility models, trademarks and designs.

A nullity action serves to examine the validity of a German patent. Unlike an opposition, a nullity action is not filed with the Patent Office but with the Federal Patent Court. Nullity proceedings examine whether a patent was lawfully granted for Germany.

The jurisdiction of the Unified Patent Court for the national parts of a European bundle patent can be excluded by declaration of a so-called opt-out. The opt-out can be declared both for already granted European patents and for pending European patent applications, provided that these have already been published.

A patent can be used to protect a technical invention. Before the patent is granted, the patent application is substantially examined by the Patent Office. The invention applied for must be novel and based on an inventive step for a patent to be granted. The maximum term of protection is longer for a patent than for a utility model. A patent can be in force for up to 20 years. A patent entitles the holder to prohibit others from using the protected invention.

A trademark is a sign intended to distinguish the goods and services of one company from the goods and services of another company. The sign of a trademark can be a word, a picture or a particular color. Sound trademarks and 3D trademarks are now also eligible for protection. A trademark is entered in the trademark register in particular if the sign applied for distinguishes the goods and services of one company from those of other companies and there is no general interest in preserving the availability of the sign for competitors.

The Unified Patent Court (UPC) is a new court established on June 1, 2023. The Unified Patent Court has exclusive jurisdiction for infringement and nullity actions relating to a unitary patent. Furthermore, in addition to the national courts, the Unified Patent Court also has jurisdiction for infringement and nullity actions concerning the national parts of a European bundle patent, although the jurisdiction of the Unified Patent Court can be excluded by declaring an opt-out.

If a European patent is granted, a patent that provides patent protection in 17 states can be obtained by filing a "request for unitary effect". A unitary patent allows the patent owner to assert a patent infringement in a single procedure in the 17 states.

A utility model can be used to protect a technical invention. Unlike a patent application, a utility model application is not subject to substantial examination by the Patent Office. In addition, the maximum term of protection for a utility model is shorter than for a patent. A utility model is in force for a maximum of 10 years. A utility model has a 6-month novelty grace period and can therefore still be applied for after delivery of the first products. A utility model entitles the holder to prohibit others from using the protected invention