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Notice No. 3/2022

of the President of the German Patent and Trade Mark Office of 16 March 2022 concerning the extension of the time limits for entry into the national phase before the German Patent and Trade Mark Office as designated Office (Art. III section 4 of the Act on International Patent Conventions (Gesetz über internationale Patentübereinkommen)) or elected Office (Art. III section 6 of the Act on International Patent Conventions) from 30 months to 31 months

16 March 2022

Article 2 of the Second Act to Simplify and Modernise Patent Law (Second Patent Law Modernisation Act – 2. Patentrechtsmodernisierungsgesetz) extends the time limits for PCT applications to enter the national phase before the German Patent and Trade Mark Office (DPMA) as designated Office (Article III section 4 of the Act on International Patent Conventions) or elected Office (Article III section 6 of the Act on International Patent Conventions) from 30 months to 31 months.

This amendment will enter into force on 1 May 2022 without any transitional provision.

The DPMA intends to apply the amended provisions to all PCT applications for which the previously applicable 30-month time limit has not yet expired or does not expire on 30 April 2022. Another requirement is that the applicant has not made an effective request for entry into the national phase under PCT Articles 23(2) and 40(2) before 1 May 2022.

The DPMA submitted a notification of this amendment to WIPO. This notification was published in the PCT Gazette of 10 March 2022.

The President of the German Patent and Trade Mark Office
Cornelia Rudloff-Schäffer

1243/1-4.3.2/2022-1

Last updated: 20 December 2023