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German patent law

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German patent law is mainly governed by the Patents Act ( German : Patentgesetz ) and the European Patent Convention (EPC).

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41-564: A patent covering Germany can be obtained through four different routes: through the direct filing of a national patent application with the German Patent and Trade Mark Office ( German : Deutsches Patent- und Markenamt ) (direct national route), through the filing of a European patent application ( EPO route), or through the filing of an international application under the Patent Cooperation Treaty followed by

82-716: A characteristic 243-metre front on the elevated highway. In 1919, the Patent Office was renamed the Reichspatentamt (State Patent Office). The Nazi anti-Semitic and anti-foreigner laws strangled scientific output and patent applications. Almost as soon as they came into power, the Nazis moved to throw the Jews out of the German Patent Offices, with only a few exceptions for those who had served at

123-566: A result, housing was of low quality, but cheap, which made the borough greatly attractive to immigrants. Starting in the late 1960s, increasing numbers of students, artists, and immigrants began moving to Kreuzberg. Enclosed by the Berlin Wall on three sides, the area became famous for its alternative lifestyle and its squatters , especially the SO36 part of Kreuzberg. Starting in 1987, there have been violent riots in SO36 on Labour day. After

164-563: A signal to the insurance companies to promote them long term." It was enlarged in 1987 and again in 1999 and now covers 17 German inventors: Béla Barényi , Gerd Binnig , Ludwig Bölkow , Walter Bruch , Jürgen Dethloff , Artur Fischer , Rudolf Hell , Heinz Lindenmeier , Hermann Oberth , Hans Joachim Pabst von Ohain , Oskar-Erich Peter , Hans-Jürgen Quadbeck-Seeger , Ernst Ruska , Hans Sauer , Felix Wankel , Ernst-Ludwig Winnacker , Konrad Zuse Kreuzberg Kreuzberg ( German pronunciation: [ˈkʁɔʏtsbɛʁk] )

205-657: A system is sometimes dubbed a "bifurcation system." This article about German law is a stub . You can help Misplaced Pages by expanding it . German Patent and Trade Mark Office The German Patent and Trade Mark Office ( German : Deutsches Patent- und Markenamt ; abbreviation: DPMA ) is the German national patent office , with headquarters in Munich , and offices in Berlin and Jena . In 2006 it employed 2556 people, of which about 700 were patent examiners . The DPMA

246-656: Is a district of Berlin , Germany. It is part of the Friedrichshain-Kreuzberg borough located south of Mitte . During the Cold War era, it was one of the poorest areas of West Berlin , but since German reunification in 1990, it has become more gentrified and is known for its arts scene. The borough is known for its large percentage of immigrants and descendants of immigrants, many of whom are of Turkish ancestry . As of 2006, 31.6% of Kreuzberg's inhabitants does not have German citizenship. Kreuzberg

287-479: Is known for its diverse cultural life and experimental alternative lifestyles, and is an attractive area for many. However, some parts of the district are still characterized by higher levels of unemployment. Kreuzberg is bounded by the river Spree in the east. The Landwehrkanal flows through Kreuzberg from east to west, with the Paul-Lincke-Ufer street running alongside it. Other characteristics are

328-700: Is one of the few patent systems in which the issue of patent infringement and of patent validity are dealt with by different courts. The district courts, such as the Düsseldorf Regional Court , the Munich Regional Court , and the Mannheim Regional Court , deal with infringement, whereas the Federal Patent Court ( Bundespatentgericht ) is in charge of deciding the validity of patents. Such

369-645: Is requested upon grant of a European patent, that unitary patent also applies in Germany. For German patents granted through the direct route and European patents (except unitary patents) the German courts are competent to hear cases. For European patents that were not opted out , this competence is shared with the Unified Patent Court . The Unified Patent Court is also competent to hear cases regarding unitary patents. The German patent litigation system

410-754: Is said, 60 per cent of the record total of 10,000 patent registrations were German and the proportion has increased this year. Among those who registered were I.G. Farben , the Steyr-Daimler-Benz automobile manufacturers, the Siemens and A.E.G. Combines. The patents, of course, represent substantial assets." After the Second World War , the patent office property was seized by the Allied Control Council , including patents, trademarks, and emblems, under Articles II and X of

451-728: Is the central authority in the field of intellectual property protection in Germany. Its responsibilities include the granting of patents for the registration of industrial designs, trademarks and designs, as well as for informing the public about existing industrial property rights. Recognised partner of the DPMA is the Patentinformationszentrum (Patent Information Centre), united in the Deutscher Patentinformationszentren e.V (German Patent Information Centres Association). The legal basis of

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492-683: Is the point of the highest elevation in the Kreuzberg locality, which is 66 m (217 ft) above sea level. The hill is traditionally a place for weekend trips. It received its name from the 1821 Prussian National Monument for the Liberation Wars by Karl Friedrich Schinkel within the Viktoriapark , built in commemoration of the Napoleonic Wars . Except for its northernmost part—the quarter Friedrichstadt (established at

533-710: The Allied Control Council Law No. 5, 30 October 1945. Article II of this Act on 31 August 1951 set aside all Allied Control Council Law but in fact this occurred only on 12 September 1990 with the "Treaty on the Final Settlement with Respect to Germany". Until 1951 the seized patents were used by the Allies technologically and economically. On 1 October 1949, the Deutsches Patentamt (German Patent Office) moved to premises in

574-807: The Deutsches Museum in Munich . In 1951 a branch office was opening in the old Reichspatentamt in Berlin. 1959, the Patent Office moved into its own building in Munich. In 1990, the Office for Amt für Erfindungs- und Patentwesen der DDR (Inventions and Patent Office of the GDR ) merged with the Patent Office. In 1998, an office in Jena was built and the bulk of the Berlin office moved there. The Office has thus now has three locations, Munich, Jena and Berlin. In

615-612: The European Patent Convention , the European Patent Office also issues patents effective in Germany, as part of a European patent's "bundle" of national patents. In 2006, the leaders in terms of numbers of patents at the DPMA were Siemens , with 2501 patents, Bosch , with 2202 patents, DaimlerChrysler with 1626 patents. In 1984, the DPMA opened an "inventor's gallery", as "an incentive for all innovative forces to express themselves more, and

656-528: The Hobrecht-Plan in an area that came to be known architecturally as the Wilhelmine Ring . Far into the 20th century, Kreuzberg was the most populous of Berlin's boroughs even in absolute numbers, with more than 400,000 people, although it was and still is geographically the smallest. As a result, with more than 60,000 people per square kilometer (160,000 people/sq mi), Kreuzberg had

697-598: The Allied firebombing of Berlin . “One set of copies of the pending 180,000 patent applications were taken into eastern Germany where they were later lost by fire. The technical library of 300,000 volumes and the records of the secret patents were moved to Heringen , near Kassel , and 3,000 valuable reference books were sent through Czechoslovakia to Bavaria . Part of the Trademark records were moved to another building in Berlin where they were lost also by fire. Some of

738-767: The American bombing by over a thousand aircraft on 3 February 1945. In remembrance of the old tradition, the Axel Springer press company erected its German headquarters at Kochstraße again, right next to the Berlin Wall . In July 1945, most of the then district was assigned to the American Sector. After the Berlin Wall was built, the most important transit location to East Berlin was Checkpoint Charlie . After World War II, Kreuzberg's housing rents were regulated by law which made investments unattractive. As

779-617: The German Patent and Trademark Office is § 26 of the Patentgesetz (German Patents Act). The first unified Patentgesetz (German Patent Act) was adopted on 25 May 1877, which mandated the establishment of an authority tasked with reviewing and awarding patents. On this basis, on 1 July 1877, the Kaiserliche Patentamt (Imperial Patent Office) was founded in Berlin. The Chairman of the newly established office

820-445: The associated property, as well as wholesale operations and industry that are Jewish because of the degree to which they are under Jewish ownership, can be de-Jewdified [sic]. Important patents and commercial secrets must be transferred to non-Jewish control.” The Reich Patent Office came under Nazi political party pressure as well. One of Adolf Hitler ’s chauffeurs, Anton Loibl , invented the idea of attaching small pieces of glass to

861-418: The end of the 17th century)—today's Kreuzberg was a very rural place until well into the 19th century. This changed when, in the 1860s, industrialization caused Berlin to grow rapidly. This called for extensive housing—much of which was built exploiting the dire needs of the poor, with widespread land speculation. Many of Kreuzberg's buildings originate from that time. They were built on the streets laid out in

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902-580: The entry into either the European phase (the so-called "Euro-PCT" route, which runs through EPO) or the national (German) phase of said international application. The German patent has a term of 20 years. After grant of a patent through the EPO or the Euro-PCT route a European patent is valid in Germany without further translation requirements if that country was indicated in the application. If unitary effect

943-439: The fall of the Berlin Wall, Kreuzberg suddenly found itself in the middle of the city again. The initially cheap rents and the high concentration of 19th-century housing made some parts of the borough more attractive as a residential area for a much wider (and richer) variety of people. Today, Kreuzberg has one of the youngest populations of all European city boroughs; statistically, its population has been completely swapped twice in

984-416: The finest new-wave venues in the world. There has also been a significant influence stemming from African-American and hip hop culture on Kreuzberg's youth and the area has become a centre for rap and breakdance within Berlin. Though the majority of Kreuzberg's residents are of German or Turkish descent , some identify more with (African-)American or other cultures. Hip hop was largely introduced to

1025-680: The front during World War I or who had lost a parent or son in fighting. “Law Relating to the Admission to the Profession of Patent-agent and Lawyer of 22 April 1933. The Government of the Reich has resolved the following law which is promulgated herewith: Section 1. Patent-agents which are of non-Aryan descent pursuant to the law relating to the reestablishment of the Professional Civil Service of 7 April 1933 may be taken off

1066-483: The highest population density in Berlin. Kreuzberg became a district of migration during the late 19th century when Berlin began growing rapidly as an economic and cultural hub. Before World War II, it was home to a diverse population, with a large portion of the population being Ashkenazi Jews . Central to Kreuzberg Jewish life was the Fraenkelufer Synagogue , with a capacity of 2,000. This synagogue

1107-532: The incorporation of suburbs and the reorganisation of Berlin into twenty boroughs. The eastern Friedrichsvorstadt, the southern Friedrichstadt , the western and southern Luisenstadt , and the Tempelhofer Vorstadt were merged into the new sixth borough of Berlin, first named Hallesches Tor . On 27 September 1921, the borough assembly of Hallesches Tor decided to rename the borough after the homonymous hill . Kreuzberg, literally meaning 'cross hill',

1148-533: The last two decades. Berlin's 2001 administrative reform combined Kreuzberg with Friedrichshain to form the new borough of Friedrichshain-Kreuzberg . Since the two areas are linked only by a single bridge over the Spree River, the Oberbaumbrücke , this combination seemed awkward to many residents. The two areas not being able to agree on a common location for the future borough's city hall,

1189-541: The murdered Jews who lived in the area. In addition to housing, Kreuzberg was also an industrial center of Berlin. The "export quarter" along Ritter Street consisted of many profitable small businesses, and the "press quarter" along Koch Street ( Friedrichstadt ) was the home of most of Germany's large newspapers, as well as the Ullstein , Scherl , and Mosse book publishers. Both industrial quarters were almost entirely destroyed by air raids during World War II , with

1230-587: The old U-Bahn line of the present-day U1, Görlitzer Park in the SO36 district, and Viktoriapark on the slope of Kreuzberg hill in SW 61 . Kreuzberg is divided into 2 zones ( Ortslagen ): In contrast to many other areas of Berlin, which were villages before their integration into Berlin, Kreuzberg has a rather short history. It was formed on 1 October 1920 by the Greater Berlin Act , which provided for

1271-508: The pedals of bicycles, that would reflect the lights of approaching cars. In 1936, word of this invention came to the SS , and they decided to form a partnership with Loibl to market his idea. However, the idea was not all that novel, and a similar safety device had already been applied for as a patent. “But this competitor lacked something very important- the SS as a business partner. His patent application

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1312-503: The present location in Friedrichshain was decided by flipping a five- Mark coin. Kreuzberg has historically been home to Berlin's punk rock movement as well as other alternative subcultures in Germany. The SO36 club remains a fixture on the Berlin music scene. It was originally focused on punk music and in the 1970s was often frequented by Iggy Pop and David Bowie . In those days, the club rivalled New York's CBGB as one of

1353-598: The register of secret patents were located in a potash mine in Heringen . However, the files of the secret applications and patents had been burned upon orders of the German government shortly before the arrival of the US troops… The technical library has been moved from the potash mine in Heringen and is again available to the public. The library is equipped with 12 miles of new metal shelves which provide space for about 500,000 volumes.” Other attempts to preserve German patents

1394-491: The roster of patent-agents kept by the Reich Patent Office up to 30 September 1933…” In 1938, the “ Aryanization ” of patents was mandated, in that new patents could only be proposed and submitted if sponsored by an Aryan and German citizens, and not by dissidents, foreigners or Jews . Existing patents held by Jews must also be turned over to a German citizen. As one author stated, “Jewish commercial firms and

1435-471: The same year was a renaming of Deutsche Patentamt to Deutsches Patent- und Markenamt (DPMA), in order to take the importance of brands as a working area of the office into account. Originally appeals against decisions of the Office were conducted by the internally, however, since 1961 this is done in the Bundespatentgericht (Federal Patent Court). Since 1978 and the entry into force of

1476-504: The technical personnel remained at the Patent Office in Berlin , some went to Heringen and others were scattered throughout Germany . The Patent Office building in Berlin was about one-third destroyed by a heavy bombing attack on 5 February 1945. US and British representatives reached Heringen in May 1945 and found some 50 former patent employees at work restoring and re-classifying the patent indexes and examination material. The library and

1517-582: The youth of Kreuzberg by the children of American servicemen who were stationed nearby until the reunification of Germany . The art collective Berlin Kidz who are known for their pichação influenced graffiti , parkour , and train surfing are from the Kreuzberg area. The Carnival of Cultures , a large annual festival, celebrates different cultures and heritages with colourful street parades and festivities including street entertainment, food, arts and craft stalls, music, and art. Kreuzberg has long been

1558-476: Was Karl Rudolf Jacobi . The first German patent was granted on 1 July 1877 for a "method for producing a red ultramarine colour", invented by Johannes Zeltner . The first trademark registration was on 16 October 1894 for a Berlin lamp producer. In 1905, the Patent Office moved into premises designed by the architects Solf and Wichards on the corner of Gitschiner Straße and Lindenstraße in Kreuzberg , with

1599-547: Was buried. Loibl’s sailed through, and in 1938 Heinrich Himmler used his supreme authority as head of the German police to pass a new traffic law. This required all German bicycles to be equipped with Loibl’s reflective pedal… in 1938 alone, the SS received a tidy 77,740 reichsmarks from the bicycle pedal proceeds.” In the last months of the war, many of the technical records of the German Patent Office were widely dispersed throughout Germany to preserve them from

1640-462: Was destroyed during Kristallnacht , as were numerous Jewish businesses and property. The vast majority of Kreuzberg's Jews were deported to their deaths between 1942 and 1944 by the Nazis during The Holocaust , and their houses and businesses were seized and given to ethnic Germans. The Jewish Museum Berlin stands in Kreuzberg, and many Stolpersteine can be seen on Kreuzberg streets, commemorating

1681-498: Was the re-registration of the patents in other countries. In 1945, it was noted that: “Patents Transferred. That Germany is preparing in other ways to salve what she can is indicated by reports that the flight of capital on a large scale is taking place from Germany to Sweden through the transfer of German patents. The Swedish Patent Office is said to be inundated with registrations of patents on behalf of German individuals, commercial corporations and research organizations. Last year, it

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