Provisional protection

Pursuant to Article 67 EPC, the applicant shall have provisional protection in the designated contracting states as soon as the application is published. Please mind that the actual scope of protection and the requirements to achieve provisional protection differ in the individual states.

Regarding Germany, applicants may file a request with the German Patent and Trademark Office (GPTO) to publish the German translation of claims in the Patent Bulletin. From the date of publication, reasonable compensation can be claimed from infringers. However, please mind that the scope of protection of the published application will be determined retrospectively (ex post facto) by the scope of the granted patent or amended patent after opposition, respectively (Art. 69 (2) EPÜ).

Regarding other designated contracting states, we would be pleased to provide you with relevant information upon request.

Further information about provisional protection in Germany and other contracting states can be found at
» https://www.epo.org/law-practice/legal-texts/html/natlaw/en/iiia/index.htm.

Legal information: this brief information cannot replace examination/consultation of a patent attorney in the specific case. We do not accept any liability on the basis of this merely general information. Please contact us with any general questions or in specific cases.

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