The German Patent and Trademark Office (DPMA) has announced that Article 2 of the Second Act to Simplify and Modernise Patent Law (Second Patent Law Modernisation Act – 2. Patentrechtsmodernisierungsgesetz) will extend the time limits for PCT applications to enter the national phase before the 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.