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Notice No. 3/2025

of the President of the German Patent and Trade Mark Office of 25 September 2025 concerning the retention periods for documents of the German Patent and Trade Mark Office

The increasing use of electronic document processing has made necessary a revision of the provisions governing the retention and disposal of documents of the German Patent and Trade Mark Office (excerpts below).

Patents and utility models

The following shall be destroyed:

  • 1. Files relating to legally valid patents and/or national files concerning European patents, 10 years from the end of the year in which the file was finalised;
  • 2. Files relating to patent applications that did not result in a grant, 10 years from the end of the year in which the file was finalised;
  • 3. Data records relating to European patent applications that did not result in a grant, including publications of German translations of patent claims relating to European patent applications, 20 years from the end of the year of the European filing date;
  • 4. Files of granted supplementary protection certificates, 57 years from the end of the year of the filing date of the basic patent;
  • 5. Files of applications concerning supplementary protection certificates that did not result in a grant, 10 years from the end of the year in which the file was finalised;
  • 6. Files of patents and utility models, as well as applications for which a microorganism was deposited ("M" files), 30 years from the end of the year of the filing date;
  • 7.1. Files relating to international applications or data records of international applications including copies of the application filed with the receiving Office (PCT A files),
    • a) which have not entered the national phase, 20 years from the end of the year of the international filing date,
    • b) which have entered the national phase; 20 years from the end of the year of the international filing date or from the end of the record retention period for the PCT B file (see section 2) – whichever expires later;
  • 7.2. PCT B files
    • a) national files relating to patent applications that arose from international applications after entry into the procedure before the DPMA (national phase) and that did not result in a grant; 10 years from the end of the year in which the file was finalised,
    • b) files relating to granted patents from international applications, 10 years from the end of the year in which the file was finalised,
    • c) national files relating to utility model applications that arose from international applications and did not result in a registration, 10 years from the end of the year in which the file was finalised,
    • d) files relating to registered utility models from international applications, 10 years from the end of the year in which the file was finalised;
  • 8. Transactions relating to requests for information on the state of the art pursuant to section 29 (3) of the Patent Act (Patentgesetz), 10 years from the end of the year in which the request was made;
  • 9. Files relating to granted secret patents (office 99), provided that the patent period within the meaning of section 16 of the Patent Act has expired at the time of the revocation of the confidentiality order, 10 years from the end of the year in which the file was finalised;
  • 10. Files of secret patent applications (office 99) that did not result in a grant before the confidentiality order was revoked and/or files of secret patent applications that pursuant to section 40 (5) of the Patent Act are considered to be withdrawn before the confidentiality order was revoked, 10 years from the end of the year in which the file was finalised;
  • 11. Files of registered utility models, 10 years from the end of the year in which the file was finalised;
  • 12. Files of utility model applications that did not result in a grant, 10 years from the end of the year in which the file was finalised;
  • 13. Files relating to registered secret utility models (office 99), provided that the term of protection pursuant to section 23 (1) of the Utility Model Act (Gebrauchsmustergesetz) has expired at the time of the revocation of the confidentiality order, 10 years from the end of the year in which the file was finalised;
  • 14. Files of secret utility model applications (office 99), that did not result in a grant before the confidentiality order was revoked and/or files of secret utility model applications that pursuant to section 6 (1) sentence 2 of the Utility Model Act are considered to be withdrawn before the confidentiality order was revoked, 10 years from the end of the year in which the file was finalised;
  • 15. Files of registered topographies, 30 years from the end of the year in which the file was finalised;
  • 16. Files of topography applications that did not result in a grant, 40 years from the end of the year in which the application was filed;
  • 17. Files relating to legal aid proceedings conducted outside the corresponding IP files, 5 years from the end of the year in which the file was finalised.

Trade Marks (including international registration)

The following shall be destroyed:

  • 1. Files of registered trade marks, 10 years from the end of the year in which the file was finalised;
  • 2. Files of trade mark applications that did not result in a grant, 10 years from the end of the year in which the file was finalised;
  • 3. Files relating to internationally registered trade marks with a German basic mark (DE, DT and DD) [national/international], 10 years from the end of the year in which the file was finalised;
  • 4. Files of applications relating to international registrations owing to German basic marks that have not been internationally registered [national/international], 10 years from the end of the year in which the file was finalised;
  • 5. Files of internationally registered trade marks without a German part of IP rights that have been transferred to a German proprietor [national/international], 10 years from the end of the year in which the file was finalised;
  • 6. Files of internationally registered trade marks with foreign basic marks that have been refused protection [national/international], 10 years from the end of the year in which the file was finalised;
  • 7. Files of internationally registered trade marks with foreign basic marks that have been granted full or partial protection [national/international], 10 years from the end of the year in which the file was finalised;
  • 8. Files created for the purpose of assigning misdirected items to an international registration case for which the DPMA has no jurisdiction (international registration files with items for disposal), 1 year from the end of the year in which the file was finalised;
  • 9. Files relating to geographical indications and designations of origin, 20 years from the end of the year in which the file was finalised.

Designs

The following shall be destroyed:

  • 1. General files relating to transitional legal issues relating to DD property rights, 30 years with last registration;
  • 2. Register of design (Geschmacksmuster) entries, alphabetical index of names for published designs (Geschmacksmuster), annual calendar for the end of protection periods, unsealing and/or for applications received before 1 July 1988, 50 years from last registration;
  • 3. Files of registered designs, 10 years from the end of the year in which the file was finalised;
  • 4. Files of design applications that did not result in a registration, 10 years with the end of the year in which the file was - 5. Representations of the design (in accordance with section 26 of the Design Ordinance (Verordnung zur Ausführung des Designgesetzes), lasting;
  • 6. Files relating to design invalidity proceedings, 30 years from the end of the year in which the file was closed;
  • 7. Files relating to legal aid proceedings without IP rights application, 10 years from the end of the year in which the file was finalised.

Notice No. 2/01 of 22 February 2001 is hereby repealed.

The President of the German Patent and Trade Mark Office
Eva Schewior

Last updated: 10 October 2025