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Legislative Implementation of Flexibilities - Germany

Title:Sections 21 (1) 2), 22, 34 (4), (7) and (8) and 34a of the Patent Act of 16/12/1980 as last amended by Act of 31/07/2009
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

Section 21

(1) A patent shall be revoked (Section 61) if it arises that

2. the patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art;

Section 22

(1) Nullity of a patent shall be declared on request (Section 81) if it arises that one of the grounds given in Section 21(1) exists or if the scope of the patent has been extended.

(2) Section 21(2) and (3) shall apply mutatis mutandis.

Section 34

(4) An application shall disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.

(7) At the request of the Patent Office, the applicant shall indicate the state of the art fully and truthfully to the best of his knowledge and incorporate it in the description (subsection (3)).

(8) The Federal Ministry of Justice shall have power to issue by statutory order regulations concerning the deposit of biological material, access to such material, including those persons entitled to have access, and the repeated deposit of biological material should an invention include the use of biological material or concern such material that is not accessible to the public and cannot be described in the application in such a way that a person skilled in the art could carry out the invention (subsection (4)). It may delegate such power by statutory order to the German Patent and Trademark Office.

Section 34a

Should an invention be based on biological material of plant or animal origin or if such material is used therefor, the patent application is to include information on the geographical origin of such material, if known. This shall not prejudice the examination of applications or the validity of rights arising from granted patents.

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