Patent Application

The process of a patent application

By applying for property rights (e.g. patents), scientific results / inventions can be protected from imitation and from unauthorized commercial use. There are a number of proprietary rights that can be used to provide appropriate protection for your invention. These property rights are always territorial, i.e. protection against unauthorized commercial use can only take place in the countries in which they were registered. If you have any questions on the topic of property rights, the Knowledge Transfer unit will be happy to advise you.

Overview protectable categories and copyright (opens in new tab)

A patent may be granted for a technical invention that is new (does not belong to the current state of the art), involves an inventive step (not obvious from the prior state of the art), and can be commercially applied (capable of being produced or used in an industrial field).

An important aspect for the patent application is that the invention has not been published in any way beforehand. A patent can only be granted if the novelty of the invention is given, i.e. the invention has not been made available to the public either orally or in writing (this includes publications and lectures as well as posters, doctoral theses, diploma theses, research proposals, etc.). If it is necessary to present the invention to project partners, for example, please contact the Knowledge Transfer unit on time. In any case, it is advisable to conclude a non-disclosure agreement. The lawyers of the Research Services & Technology Transfer directorate can support you in this.

After an invention disclosure has been filed, a novelty search is first carried out on the current state of the art. After this research, the scientists involved in the invention are asked to comment on the results in order to determine technological and substantive similarities and delimitations to the prior state of the art. If, after commenting, all requirements for a patent application are met and the invention has been claimed by the TU Darmstadt, a first application giving rise to a right is usually filed immediately with the German Patent and Trademark Office. In some cases, however, it makes sense to postpone the application, e.g. in order to await further results or to coordinate the timing of the patent application with further development and exploitation activities. This is agreed on a case-by-case basis between the Knowledge Transfer unit and the scientists.

Overview Timeline Process Flow / Patenting (opens in new tab)

The possibility to extend the content or the territory of a patent application giving rise to a right (“first application”) can only be made up to 12 months after filing the application. Within this period, the Knowledge Transfer unit consults with the scientists and the university management on the further procedure. The decision on an additional foreign application is made by the university management in consultation with the inventors based on a cost-benefit analysis.

The patent application is published 18 months after the filing date. With the disclosure, the public is informed for the first time about the content of the patent application and the possible future property right. From the time of disclosure, the patent specification or the status of the patent filecan be viewed at the Patent Office. A patent application is thus also to be regarded as a publication from the time of disclosure and can be cited as such by scientists.

A patent can only be granted after a positive examination decision. The filing of the request for examination is possible up to 7 years after the filing of the patent application at the latest. Since the patent claims are usually restricted in terms of content during the official examination procedure, it may make strategic sense (e.g. in the case of long-termresearch and development work) not to press ahead with examination and grant of the patent application for the time being. The concrete procedure is coordinated by the Knowledge Transfer unit along with the university management and the scientists on a case-by-case basis.

If the invention has been claimed by the TU Darmstadt, it usually bears the costs for the (German) patent application giving rise to a right. A continuation of the application as well as subsequent applications abroad in the name and at the expense of the TU Darmstadt will be decided on a case?by-case basis and after consultation with the scientists by the university management.

In Germany, the German Patent and Trademark Office (DPMA) is responsible for IP applications.

Brochures published by the DPMA with further information on patents (opens in new tab) and Mehr erfahren (opens in new tab)utility models.

Contact

  Name Working area(s) Contact
Deniz Bayramoglu M.Sc.
Head of IP- & Innovation-Management
IP- & Innovation-Management
+49 6151 16-57215
S4|25 321
Susanne GürichIntellectual Property (IP) Manager
+49 6151 16-57210
S4|25 321
Christine RehmannAdministration IP & Innovation Management
+49 6151 16-57223
S4|25 319
G
Ibrahim GencaslanInnovation Manager
+49 6151 16-57219
S4|25 319
Jessica Retzlaff Innovation Manager
+49 6151 16-57203
S4|25 319

FAQ

Through the application of property rights (e.g. patents) scientific results can be secured against imitation and illegal commercial exploitation.

There are a number of industrial property rights which enable a reasonable protection. Industrial property rights are only territorial valid. So the protection against illegal commercial exploitation takes place in the countries, where the application was registered. If you have further questions regarding property rights, please contact Unit VI C: Technology Transfer.

A patent can be granted for a technical invention which is new (not state-of-art), based on an inventive activity (not arising from the state-of-art in an obvious way) and industrially applicable (can be carried out in any field of industry).

After submission of an invention disclosure a novelty search regarding the current state of the art will be conducted. Following the novelty search all scientists involved in the invention will be asked to annotate the results. The aim is to determine (technological/with regard to content) similarities and differences to the state of the art. If (after the annotation by the scientists) all criteria for a patent application are satisfied and the invention is claimed by TU Darmstadt then the priority-establishing initial application at the German Patent and Trademark Office will be filed. Sometimes it makes sense to postpone the application to e.g. observe further results or coordinate the date of patent submission with development and exploitation activities. This will be arranged by the Unit Technology Transfer and coordinated with the scientists on a case-by-case-basis.

The possibility to the expansion of a priority-establishing patent application (“initial application”) with regards to content and region can only take place up to 12 months after filing the application. Within this deadline the Unit Technology Transfer coordinates the further strategy with the scientists and the university administration. Based on a cost-benefit-analysis the university administration in coordination with the inventors decide upon an international registration.

The patent application will be published 18 months after the filing date. With this publication the public will be informed for the first time about the content of the filed patent application and the possible future property right. Starting with the publication the patent document or the status of the patent file can be seen at the patent office. With the disclosure the patent application is also considered a publication and can be quoted as such by the scientists.

The granting of a patent can only be made after a positive test report. The request for examination is possible at the latest 7 years after filing the patent application. Within the official framework of examination requests the patent claims are often restricted/shortened. Therefore it is usually strategically more useful (e.g. in long-term research and development works) not to actively force an examination and granting of the patent application. The Unit Technology Transfer determines and executes the further strategy in coordination with the scientists and the university administration on a case-by-case basis.

If the invention was claimed by TU Darmstadt the university will bear all costs for the priority-establishing (German) patent application. The decision to continue the application as well as to file subsequent application abroad at the expenses of TU Darmstadt will be taken on a case-by-case basis and in consultation with the scientists by the university administration.

In Germany, the German Patent and Trade Mark Office (DPMA) is responsible for filing IP applications.

By the DPMA published brochures with further information to the subject patents (opens in new tab) and uitliy models (opens in new tab).

An important aspect for the patent application is that the invention has not been published in any way beforehand. A patent can only be granted if the novelty of the invention is given, i.e. the invention has not been made available to the public either orally or in writing (this includes publications and lectures as well as posters, doctoral theses, diploma theses, research proposals, etc.). If it is necessary to present the invention to project partners, for example, please contact the Knowledge Transfer unit on time. In any case, it is advisable to conclude a non-disclosure agreement. The lawyers of the Research Services & Technology Transfer directorate can support you in this.