Regulation Of The German Patent And Trade Mark Office

Original Language Title: Verordnung über das Deutsche Patent- und Markenamt

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Read the untranslated law here: http://www.gesetze-im-internet.de/dpmav_2004/BJNR051400004.html

Regulation the German patent and trade mark Office (DPMA regulation - DPMAV) DPMAV Ausfertigung date: 01.04.2004 full quotation: "DPMA regulation by April 1, 2004 (BGBl. I p. 514), most recently by article 2 of the Decree of November 1, 2013 (BGBl. I S. 3906) has been changed" stand: last amended by art. 2 V v. 1.11.2013 3906 for more information on the stand number you find in the menu see remarks footnote (+++ text detection from) : 1.6.2004 +++) input formula on reason - article 27, paragraph 5, of sections 28, 29 para 3, § 34 paragraph 6 and 8, § 43 para 8 No. 2 and section 63 para 4 of the Patent Act as amended by the notice of December 16, 1980 (BGBl. 1981 I p. 1), of which § 27 para 5 most recently by article 7 No. 10, § 29 par. 3 article 7 No. 12 , § 34 paragraph 6 and article 8 7 No. 16 letter a to c and section 63 para 4 most recently by article 7 No. 27 letter b double letter bb of the law of 13 December 2001 (BGBl. I p. 3656) and § 28 by article 2 para 7 No. 1 of the Act of 12 March 2004 (BGBl. I p. 390) are changed, - § 4 para 4 and 7 , § 10 par. 2 and of § 29 of the utility models act as amended by the notice of August 28, 1986 (BGBl. I p. 1455), of which section 4 para 4 and 7 by article 8 No. 1 letter a, c and d, as well as section 10 para 2 through article 8 No. 5 of the law of 13 December 2001 (BGBl. I p. 3656), section 29 Article 2 paragraph 8 No. 3 of the Act of 12 March 2004 (BGBl. I p. 390) has been modified , - of section 65, as well as § 138 para 2 of the law on trade marks of October 25, 1994 (BGBl. I S. 3084, 1995 I p. 156), of which § 138 para 2 article 9 No. 32 of the law of 13 December 2001 (BGBl. I p. 3656) and article 65, paragraph 1 No. 1 by article 2 paragraph 9 No. 7 of the Act of 12 March 2004 (BGBl. I p. 390) has been modified , - the article 3 par. 3 and § 4 para 4 of the semiconductor protection law of 22 October 1987 (BGBl. I S. 2294) in conjunction with section 10 para 2 of the utility models act as amended by the notice of August 28, 1986 (BGBl. I p. 1455), of which section 3 para 3 by article 2 para. 15 of the Act of 12 March 2004 (BGBl. I p. 390) has been modified , and - § 26 para 1, 2 and 4 of the register designs Act of 12 March 2004 (BGBl. I p. 390) as well as in connection with article 28 of the law of 16 July 1998 (BGBl. I S. 1827) and article 29 of the law of 13 December 2001 (BGBl. I p. 3656) ordered the Ministry of Justice: table of contents section 1 Organization, powers section 1 management, supervision, transfer of regulation appropriations § 2 examination offices and patent departments § 3 utility authority and utility departments section 4 topography and topography Department § 5 brand agencies and trademark departments § 6
Design agencies and design departments section 2 procedures section 7 DIN § 8 treatment of receipts, receipt section 9 forms section 10 original § 11 delivery by fax section 12 filing electronic documents article 13 representation § 14 many of the parties, several representatives of article 15 powers section 16 code numbers for applicants, representatives and staff powers article 17 other requirements for applications and entries § 18 time limits article 19 decision to location of files section 20 form of copies article 21 delivery and informal communication, section 22 inspection § 23 (dropped out) § 24 legal aid § 25 documents , Jewelry documents article 26 rectification of register and publications section 27 changes in names or addresses section 28 registration 30 a transfer section 29 registration of real-right section measures of enforcement, insolvency proceedings § 31 storage of submitted items or documents section 3 final provisions article 32 transitional arrangements from occasion of entry into force of this regulation article 33 transitional arrangements for future amendments to section 34 entry into force, expiry of section 1 Organization, powers section 1 directs management, supervision, transfer of regulation appropriations (1) the Chairperson and controls the entire operations of the German of patent and trade mark Office and works towards uniform treatment of transactions and on the respect of equal principles.
(2) the appropriations in § 27 para 5, § 29 para 3, § 34 paragraph 6 and 8 as well as in § 63 para 4 of the Patent Act, § 4 para 4 and 7, article 10, par. 2, of the utility model act, in section 3 para 3 and § 4 para 4 of the semiconductor Protection Act in conjunction with section 10 para 2 of the utility model law, in article 65, paragraph 1 No. 2 to 13, as well as § 138 para 1 of the law on trade marks , in article 26, paragraph 1 number 2 to 8 and para. 2 of the Designgesetzes are transmitted to the German patent and Trademark Office.

§ 2 examination offices and patent departments (1) the Chairperson determines the business circle of the examination offices and patent departments, as well as the Chairman and Deputy Chairman of the patent departments and sets out the procedure for the classification of applications.
(2) the Chairman of the patent divisions conduct the business in the process before their patent departments. In the proceedings before the patent departments reporting takes over, as far as the respective Chairmen nothing else have determined an auditor or an auditor. The coverage includes the presentation in the session and the preparation of decisions and opinions. The Chairman review the drafts of decisions and opinions for their patent Department and establish it. The respective patent Division decides about factual disagreements.
(3) in proceedings before the patent department needed advice and vote in a session for 1 decisions, will be decided by about the maintenance, revocation or limitation of the patent, 2. decisions on the grant of a supplementary protection certificate or the rejection of the certificate application, 3. determining the compensation according to § 23 paragraph 4 and 6 of the Patent Act, 4. decisions concerning the granting of legal aid for procedural fees restriction and opposition proceedings as well as the appointment of a representative according to article 133 of the Patent Act, 5. opinions and decisions, through which the delivery of the opinion is rejected.
A session may be waived for once, unless the relevant Chairmen they deem not necessary.
(4) the patent departments decide by majority of votes; vote the vote its Chairman shall be decisive.

§ 3 use pattern site and utility model divisions (1) the Chairperson determines the business circle of the utility model site and the utility model divisions, as well as the Chairman and Deputy Chairman of the utility model divisions and sets out the procedure for the classification of applications.
(2) the Chairman of the utility model divisions conduct the business in the process before their design departments. In the proceedings of the utility model divisions, reporting takes over as far as the respective Chairmen nothing else have determined an auditor or an auditor. The coverage includes the presentation in the session and the preparation of decisions and opinions. The Chairman review the drafts of decisions and opinions for their utility models Department and establish it. The appropriate Department of the utility model shall be factual disagreements.
(3) in proceedings before the utility Department will require advice and vote in a session for 1 decisions the cancellation request will be decided by the, 2nd opinion and decisions, through which the delivery of the opinion is rejected.
A session may be waived for once, unless the relevant Chairmen they deem not necessary.
(4) the utility model divisions shall be by majority vote; vote the vote its Chairman shall be decisive.

§ 4 topography and topography Department (1) the Chairperson determines the scope of business of the topography and the topography Department as well as the or the Chairman and the or the Deputy Chairman of the topography Division.
(2) or the Chairman of the topography Division directs operations in the proceedings before the Department of topography. In the proceedings before the topography Division a technical member takes over, as far as the or the Chairman has determined otherwise, reporting. The coverage includes the presentation in the session and the preparation of decisions and opinions. The Chairman shall examine the proposals for the decisions and opinions of the topography Division and finds them. The topography section shall be factual disagreements.
(3) in proceedings before the Department of topography will require advice and vote in a session for 1 decisions the cancellation request will be decided by the, and 2nd opinion and decisions, through which the delivery of the opinion is rejected.
A session can be apart from exceptionally, if the or the Chairman considers it not necessary.
(4) the topography Department decides by majority vote; vote the vote the Chairman shall be decisive.

§ 5 brand agencies and trademark departments (1) the Chairperson determines the scope of business of the brand agencies and brand departments, as well as the Chairman and Deputy Chairman of the trademark departments and sets out the procedure for the classification of applications.
(2) the Chairman of the trade mark divisions conduct the business in the process before their brand divisions; They determine the other members and the rapporteur.
(3) in proceedings before the trademark Department requires the §§ 54 and 57 the advice and vote in a session for 1 decisions of the trademarks Act and 2. tasks of the brand departments be edited not by the Chairman alone or by them at nationals § 56 para 3 sentence 3 of the law on trade marks have been transferred the trademark Department after.
The advice may be waived if the respective Chairmen they deem not necessary.
(4) the trade mark departments decide by majority of votes; vote the vote its Chairman shall be decisive.

§ 6 design agencies and design departments (1) the President determines the scope of the business of design offices and the design departments as well as the Chairman and Deputy Chairman of the design departments and sets out the procedure for the classification of the application.
(2) the Chairman of the respective Design Department directs operations in the procedure before his Department. He determined the other members and the rapporteur.
(3) in proceedings before the design departments needed the advice and coordination of the respective members in a session for 1 decisions, by which the application for determination or declaration of invalidity will be decided, 2. decisions in which matters of the design department to the sole decision transmitted the Chairman or a member of the design department.
The decision on the application for determination or declaration of invalidity cannot be transferred.
(4) the design departments decide by majority of votes; vote the vote of the Chairman shall be decisive.
Section 2 rules of procedure section 7 are DIN standards DIN standards referenced in this regulation at the Beuth-Verlag GmbH, Berlin and Cologne, appeared and archive terms secured deposited at the German patent and trade mark Office in Munich.

§ 8 treatment of inputs, acknowledgment of receipt (1) in the files of the date of receipt will be noted.
(2) in the case of applications the German patent and Trademark Office shall transmit an acknowledgement receipt that identifies the registered rights and specifies the file number of the application and the date of receipt of the application the applicant immediately.

Article 9 forms (1) which gives German patent and Trademark Office for applications and other applications forms out, which will be available in paper or electronic form. The forms should be used as far as this is not already compulsory.
(2) forms should be filled to allow for the automatic detection and processing.
(3) the forms prescribed in regulations of the German of patent and trade mark Office must be made known on the website of the German of patent and Trademark Office www.dpma.de.

§ 10 original (1) originals of motions and submissions are signed to submit.
(2) the documents be permanent, not translucent paper in format DIN to use A4. The font must be easily readable and authentic document. From the top and the left side of each sheet a margin of at least 2.5 cm must be observed. The leaves of a document should be consecutively numbered.

§ 11 transfer the signed original may be submitted by facsimile (1) also by fax.
(2) the German patent and Trademark Office may require the repetition of the transmission by fax or the filing of the original if it has reason to doubt the integrity of the transmission or the compliance of the original with the transmitted fax, or if the playback quality does not meet the requirements of the German of patent and trade mark Office.

§ 12 filing electronic documents electronic documents are in accordance with the regulation on the electronic legal relations with the German patent and Trademark Office by November 1, 2013 (Federal Law Gazette I p. 3906) to submit in their currently valid version. Their provisions take precedence to the extent the provisions of this regulation.

In any position of the procedure by agents represented § 13 representation (1) parties can leave.
(2) the authorization of an Association of representatives shall apply if not individuals involved in the merger, are explicitly referred to as representative, as empowerment of all representatives involved in the merger.

§ 14 is many of the parties, several representatives (1) If several persons without common representatives jointly in a procedure involved or more representatives with different addresses are ordered, to indicate who is responsible for all involved as zustellungs-and receiving authority determines; This declaration must be signed by all applicants or representatives. Missing such an indication, the person as zustellungs - and receive accredited, which is first called to apply.
(2) If several representatives are appointed by one of the parties, is to specify which has as a zustellungs - and receive accredited. Lacking such a provision, so those representatives is zustellungs - and receive accredited, which is first called.
(3) paragraph 2 shall apply correspondingly if several persons jointly involved in a process have identified more than one representative as common representative.
(4) paragraphs 2 and 3 do not apply if a merger has been charged with the representation by representatives. In this case, specify of the name of the Association is sufficient. Has such a merger several addresses, so is to specify which address is decisive. Such a specification that is missing so the address is decisive, which is first called.

Article 15 powers (1) agents, insofar as they are empowered not only to receive notifications or communications have to submit a power of attorney document signed by the principal at the German patent and Trademark Office. A verification of the signature is not required.
(2) the authority may extend to the power of attorney to act in all matters concerning the respective rights. She may also cover multiple registrations, rights or procedures. In these cases, only one copy of the power of attorney document must be submitted.
(3) power of Attorney documents must be actionable, marked with their civil names persons. The authorization of an Association of representatives, specifying the name of this Association is allowed.
(4) the German patent and Trademark Office has officio to if does not take into account the absence of a power of attorney or deficiencies of the power of Attorney, attorneys at law, patent attorneys, permit holder or act as agents in the cases of § 155 of the patent attorney regulations patent assessors.

§ 16 code numbers for applicants, representatives and staff powers to facilitate the processing of applications shares German patent and Trademark Office to applicants, the representatives and the submitted employees powers identification numbers to, which should be indicated in the forms issued by the German patent and Trademark Office.

Section 17 is other requirements for applications and inputs (1) after notice of the file number to specify this on all motions and submissions. All components of a programme aimed at the German patent and Trademark Office is to specify what application or what input they belong to.
(2) in inter partes proceedings before the German patent and Trademark Office, copies for the other parties are all documents to be attached. An actor to comply this obligation does not, it is at the discretion of the German of patent and trade mark Office, whether it produces the required number of copies at the expense of this involved or prompts to supply copies. Sentences 1 and 2 are not applicable to patents, utility models and topography procedures; the German patent and Trademark Office may request the parties but in these cases, to furnish copies.

§ 18 time limits (1) the deadlines given by the German patent and Trademark Office or granted on request to at least a month for parties which domestically not have Office, branch office or residence, at least two months.
(2) an extension may be granted if adequate reasons.
(3) further extensions of time will be granted only if a legitimate interest is made believable. Procedure with several parties, the consent of the other parties will be made also credible.

Article 19 decision can be decided according to location of files (1) applications or memories without justification in ex parte proceedings after one month after receipt according to location of files, if no subsequent establishment or a later justification without a request to grant a time limit under section 18 has been announced in the request or the memory.
(2) applications, contradictions or memories without justification can be decided in the inter partes proceedings according to the files, if no subsequent establishment or a later justification without a request to grant a time limit under section 18 has been announced in the application, the opposition or the memory, and when the other party within the terms of section 18 para 1 gives no opinion or announces a later opinion without a request to grant a time limit under section 18. Rejects the application, the opposition or the memory an opinion of the other parties do not wait.

Article 20 form of copies of (1) copies of decisions, notices and other communications contained in the header the indication "German patent and trade mark Office" and at the end the designation of the competent authority or Department.
(2) copies of decisions, notices and other communications include the name and, where appropriate, the name of the service the person who has signed the resolution, decision or communication and be signed by the person who made the copy. An imprint of name together with a reprint of the official seal of the German of patent and Trademark Office shall be equivalent to the signature. The regulation on the electronic filing at the Patent Office, the Patent Court and the Federal Court of Justice from 10 February 2010 applies to the copies of electronic documents in this respect (Federal Law Gazette I p. 83) in their currently valid version.
(3) informal computer messages contain the indication "German patent and trade mark Office", the note that the communication was created by machine and are not signed, and specify of the competent authority in the header.

Article 21 delivery and informal communication (1) as far as delivery is not provided for by law or regulation, will be notices and other communications of the German of patent and trade mark Office informally sent.
(2) also the transmission is considered informal submission by facsimile. The can be transmitted electronically, unless the recipient for this open access.

Section 22 inspection (1) on the request for inspection of the files in the patterns associated with the file, models and specimens according to § 31 para 1 sentence 1 of the Patent Act, § 8 par. 5 sentence 2 of the utility model act, § 4 para 3 of the semiconductor Protection Act in conjunction with section 8, paragraph 5, sentence 2 of the trademarks Act and section 22 paragraph 1 sentence 2 of the Designgesetzes decides of the utility model law, article 62, paragraph 1 and 2, as well as the position of the German of patent and trade mark Office , which is responsible for processing the thing which the files are executed, or, provided that the processing is completed, most recently was in charge, unless not determined otherwise by law or regulation.
(2) the access to the original of files of applications and granted or registered rights, not electronically operated, is granted only on the premises of the German of patent and Trademark Office. At the request of the inspection is granted the file by granting of photocopies or printing out the entire file or parts. The photocopies or printouts be certified on request.
(3) as far as the contents of the files of the German of patent and trade mark Office on microfilm is recorded, inspection of the files is granted as a result that the microfilm will be made available.
(4) Flächenmäßige sample sections can be viewed by way of derogation from paragraph 2 only at the Office entrusted with the leadership of the Designregisters of the German of patent and Trademark Office. Sentence 1 applies also to models that have been submitted according to § 7 paragraph 6 of the Designgesetzes in its version applicable up to June 1, 2004.

Article 23 (dropped out) § 24 legal aid (1) on the application of grant of legal aid after § 135 of the patent law decides to which section 27 para 1 No. 2 and par. 4 of the patent department.
(2) on the request for the granting of legal aid according to § 21 para 2 of the utility model law in conjunction with section 135 of the patent law, according to article 11 paragraph 2 of the semiconductor Protection Act in connection with § 21 para 2 of the utility model act and § 135 of the patent law as well as under section 24 of the Designgesetzes determines the place of the German of patent and trade mark Office, which is responsible for processing the thing or, where the law is already registered , most recently was in charge, if not by regulation, something else is intended.

Article 25 documents, jewelry documents (1) the German patent and trade mark Office manufactures printed documents on the grant of the patent, the registration of the utility model, brand, design and protection of the topography in the respective register for the copyright owners.
(2) a fee-based jewelry certificate is issued on request the patent holders.

§ 26 rectification of register and publications (1), the request for correction shall be indicated: 1. the file number of the right, 2. the name and the address of the holder of the right, 3. If the holder of the right has appointed a representative, the name and address of the representative, 4. the description of the error of that should be corrected, 5. to load-bearing correction.
(2) contain several entries of rights of the same owner same error, the request for correction of this error for all entries can be put together.
(3) paragraphs 1 and 2 shall apply accordingly for the correction of publications.

§ 27 changes in names or addresses (1) an application for registration of change of name or address of the holder of a registered right shall be: 1. the file number of the right, 2. the name, seat and address of the holder of the right in the form registered in the register, 3. If the holder of the right has appointed a representative, the name , the seat and address of the representative, 4. the name, seat and address in the form to be entered in the register.
(2) the change affects several registered property rights of the same holder, the application for registration of the change for all rights can be put together.
(3) paragraphs 1 and 2, as well as § 13 are apply mutatis mutandis to applications for registration of change of name or address of a representative or a representative ad litem.

Article 28 registration of a transfer (1) the application for registration of a transfer according to § 30 para 3 of the Patent Act, § 8 para 4 of the utility model act, § 4 par. 2 of the semiconductor Protection Act in connection with § 8 para 4 of the utility model act, § 27 para. 3 of the trade marks Act and section 29, subsection 3, of the Designgesetzes are designed using the form issued by the German patent and Trademark Office.
(2) in the application, shall be indicated: 1 the file number of the right, 2. the name, seat and address of the holder of the right in the form registered in the register, 3. details of the successor in title in accordance with § 4 para. 2 No. 1, para. 3 of the patent regulation, section 3 para 2 No. 1, para. 3 of utility regulation, § 5 par. 1 to 4 of the trade mark regulation, § 5 par. 1 to 4 of the Designverordnung and article 3, paragraph 1 No. 5 , Para of 2, 5 No. 1 and 2 of the semiconductor protection regulation, 4 If the successors have appointed a representative, the name and address of the representative in accordance with article 13 (3) for the determination of the transfer extends it, 1 that the request by the registered owners or their representatives and by the successors or their representatives is signed or 2 that the application , if it is provided by the successors, a) attached is a letter signed by the registered owners or their representatives, that they agree to the entry of the succession, or b) documents are attached, from which the succession arises, like for example a transfer agreement or a statement of the transfer, if the relevant documents of the registered owners or their representatives and by the successors or their representatives have signed.
(4) for the paragraph 3 No. 2 statements referred to should be used by forms issued the German patent and Trademark Office. In paragraph 3 No. 2 letter of b above transfer agreement can also be used for the form issued by the German patent and Trademark Office.
(5) in the cases of paragraph 3, a certification of the Declaration or signatures is not required.
(6) the German patent and Trademark Office may require further evidence in the cases of paragraph 3 if justified doubts as to the transfer.
(7) proof of the transfer otherwise than according to paragraph 3 shall remain unaffected.
(8) the request for registration of the transfer can be put together for more rights.

§ 29 registration of rights (1) the application for registration of a pledge or an in rem on the right established by the registration of an industrial property right are to attach the required supporting documents.
(2) in the case of the transfer of rights is § 28 para 2 to 8 according to to apply.

Article 30 measures of enforcement, insolvency proceedings
(1) the application for registration of a measure of compulsory execution in the register is used by the holder of the registered right or by the person who conducts the foreclosure. The application include the required supporting documents to be attached.
(2) the application for registration of insolvency proceedings in the register are the necessary evidence to be attached.

Article 31 storage of submitted items or patterns, models, specimens and similar documentation, whose returning has not been requested, has the German patent and trade mark Office, 1 If rejected the registration of the patent, the topography, the mark or of the registered designs or been withdrawn is, after one year after incontrovertible rejection or withdrawal;
2. If the patent granted or revoked was the granting or revocation; is, after the expiry of one year after the nonrepudiation of the decision about
3. If the topography has been recorded after a period of three years after the end of the protection period.
4. If the trade mark is registered, after one year after the registration or, if appeal is lodged after expiry of one year after the occurrence of the nonrepudiation of the decision on the opposition.
5. If the design is registered, after the expiration of three years after the end of the protection period.
Section 3 final provisions article 32 transitional arrangements from the provisions of the regulation of the German patent and Trademark Office by September 5, 1968 find occasion of entry into force of this regulation for applications which have been filed before entry into force of this regulation, (Federal Law Gazette I p. 997), last amended by article 24 of the Act of 13 December 2001 (BGBl. I p. 3656), next application.

Article 33 transitional arrangements for applications which have been filed before entry into force of amendments to this regulation, the provisions of this Regulation apply for future changes in their amended until then.

Article 34 entry into force, expiry (1) this regulation enters into force. subject to paragraph 2 on 1 June 2004.
(2) section 1 para 2 enters into force on the day after the announcement.