Overview (from entry to grant)
- When to enter: Enter the German national phase within 31 months from the earliest priority date. Late entry is not available for missing this deadline.
- On entry: File in German (provide a verified German translation of the description, claims, abstract, and any text in drawings if your PCT text is not in German). Foreign applicants must provide an address for service in Germany; in practice, you appoint a German patent attorney/attorney-at-law (no notarization/legalization).
- Triggering examination: Substantive examination begins only when you request examination (separate act). The deadline to request examination is seven years from the international filing date.
- Prosecution to grant: Publication runs on the usual 18-month timeline. After the first Office Action, respond within the set term using arguments and/or amendments (no added matter). When the application is in order for grant, the DPMA issues an allowance and the patent proceeds to grant.
Essentials
| Topic | Germany (concise rule) |
|---|---|
| National phase deadline | 31 months from earliest priority. No Rule 49.6 reinstatement for late entry. |
| What must be on file to enter | National-phase request via DPMA e-filing and a full German translation (description, claims, abstract, text in drawings). |
| Language | German. Translate any Article 19/34 amendments if relied upon. |
| Representation | If the applicant has no address in Germany, appoint a German patent attorney/attorney-at-law as local agent. No notarization/legalization. |
| Examination trigger | Request for examination filed separately within seven years from the international filing date. |
| Amendments | Permitted during national phase (no added matter). Translation corrections allowed to fix mistranslations. |
| Fees on entry | Filing fee covers up to 10 claims; per-claim surcharge from the 11th claim. Fee is calculated on the claims as originally filed in the international application. |
| How to file | DPMA e-filing (DPMAdirekt) supports “initiation of national phase entry of a PCT application.” |
Documents and information to send your German agent
- PCT application and publication numbers; earliest priority date
- Full text for translation/verification: specification, claims, abstract, drawings; include any Article 19/34 amendments to be carried through
- Applicant and inventor particulars; address for service; assignment status if relevant
- Claim strategy for Germany (e.g., whether to simplify multiple dependencies)
- Preferred timing for the later request for examination; any PPH intention
Official fees at entry (EUR)
Only the government fees that must be paid to commence the German national phase are shown here.
| Fee item (PCT national phase at DPMA) | Amount (EUR) | Notes |
|---|---|---|
| Filing fee (includes up to 10 claims) | 60 | Pay by the 31-month limit to maintain effect in Germany |
| Each claim over 10 | 30 per claim | Calculated using the claims as originally filed in the PCT |
Notes
• Examination fee is not due at entry. When later requested, it is typically EUR 150 if an international search report exists (EUR 350 if none).
• No per-page fee at entry.
• Translation preparation is a vendor cost, not a DPMA fee.
PCT Cost (at a glance)
PCT national phase entry cost in Germany: Professional fees on iproxima for a straightforward German national-phase filing usually start from USD 1,000 for the entry package (excludes government fees and translations). Government fees at entry are commonly EUR 60 for up to 10 claims, plus EUR 30 per claim over 10. Translation costs (EN→DE) depend on volume and technical field and are quoted separately.
Process steps
- File national-phase entry at DPMA with German-language documents and appoint local representative if required.
- Attend to any minor formalities and confirm entry fees are cleared.
- Decide timing for the request for examination (any time within seven years from the international filing date).
- Prosecute by responding to office actions with argument/amendment (no added matter).
- On allowance, complete grant formalities; renewals and post-grant items are handled separately.
What to include with your quote request
- PCT number, publication number, earliest priority date
- Total and independent claim counts (identify multiple-dependent claims)
- Estimated English-word count for translation; note any text in drawings
- Whether you anticipate PPH or coordinated examination timing
- Target entry date and any urgency constraints
References
- DPMA – Patent fees (PCT national phase entry; base EUR 60 incl. 10 claims; EUR 30 per extra claim; fee determined by claims as originally filed; payment timing at 31 months). Deutsches Patent- und Markenamt
- DPMA – International applications (PCT) and representation note. Deutsches Patent- und Markenamt
- DPMA – Legal representative (local agent requirement for non-residents). Deutsches Patent- und Markenamt
- DPMA – Examination and grant (request for examination within seven years; publication at 18 months). Deutsches Patent- und Markenamt
- DPMA e-filing — submissions supported (includes initiation of national phase entry of a PCT application). Deutsches Patent- und Markenamt
- WIPO PCT Applicant’s Guide — Germany (summary; reinstatement of rights under Rule 49.6 not permitted). pctlegal.wipo.int