Regulation On Administrative Costs At The German Patent And Trademark Office

Original Language Title: Verordnung über Verwaltungskosten beim Deutschen Patent- und Markenamt

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

Regulation on Administrative Costs at the German Patent and Trademark Office (DPMA Administrative Cost Regulation-DPMAVwKostV)

Non-official table of contents

DPMAVwKostV

Date of completion: 14.07.2006

Full quote:

" DPMA Administrative Cost Ordinance of 14. July 2006 (BGBl. 1586), which was last amended by Article 5 of the Regulation of 1 January 2008. November 2013 (BGBl. I p. 3906) "

:Last modified by Art. 5 V v. 1.11.2013 I 3906

For details see the menu under Notes

Footnote

(+ + + Text credits: 1.10.2006 + + +)
(+ + + For application) d. § 5 cf. § 2 Para. 5 VergWerkeRegV + + +)
(+ + + For application d. § 6 (1) cf. § 2 Para. 5 VergWerkeRegV + + +)
(+ + + For application d. § 8 (2) cf. § 2 Para. 5 VergWerkeRegV + + +)
(+ + + For application d. § 10 (1) cf. § 2 Para. 5 VergWerkeRegV + + +)
(+ + + For application d. § 12 (1) cf. § 2 Para. 5 VergWerkeRegV + + +)
(+ + + For application d. § 13 cf. § 2 para. 5 VergWerkeRegV + + +)

unofficial table of contents

input formula

Based on § 1 para. 2 no. 1 of the Patent Cost Law of 13. December 2001 (BGBl. 3656) and § 138 (5) (2) of the Copyright Act of 9. September 1965 (BGBl. 1273), most recently by Article 16 (3) (d) (d), bb of the Law of 13. December 2001 (BGBl. 3656), the Federal Ministry of Justice prescries: Non-official table of contents

§ 1 Scope

For acts of the German Patent and Trademark Office in patent, utility model, topographical protection, trademark, design and copyright matters will be costs (fees and expenses), not otherwise provided by law or due to legal authorisations. , only in accordance with the provisions of this Regulation. Non-official table of contents

§ 2 Costs

(1) The cost is determined by the cost directory that is applied to it.(2) Unless otherwise indicated in Part A of the table of costs, the fees shall not be levied in addition to the fees in accordance with part B of the cost index. However, if a fee is not provided for the official act, the charges shall be levied. Non-official table of contents

§ 3 Minimum fee

The minimum amount of a fee is 10 euros. Centsums are to be rounded up to full euro amounts. Non-official table of contents

§ 4 Free of charge

(1) Free of payment of costs
1.
the Federal Republic of Germany and the federal direct legal persons under public law, whose expenditure is wholly or partly borne by the federal budget as a result of legal obligation;
2.
the countries and legal persons of the public law, which are managed according to a country's budgets for the account of a country;
3.
the municipalities and associations of municipalities, as far as the official acts are concerned. do not affect their economic enterprises;
4.
the World Intellectual Property Organization in accordance with administrative arrangements of the Federal Ministry of Justice in the framework of international cooperation in the field of industrial property rights.
(2) The exemption does not apply to the extent that the persons referred to in paragraph 1 (1) (1) to (3) are entitled to impose costs on third parties or otherwise To kill third parties.(3) Free-of-charge pursuant to paragraph 1 shall not apply to special assets and federal enterprises within the meaning of Article 110 (1) of the Basic Law, to similar institutions of the Länder and to public-law undertakings in which the Federal Government or a country is involved.(4) No charge shall be charged for the performance of mutual assistance. Deposits shall be reimbursed by the applicant authority upon request if they exceed EUR 35 in individual cases. Paragraphs 2 and 3 shall apply accordingly. Non-official table of contents

§ 5 Cost debtor

(1) The payment of the costs is required,
1.
who causes or is in the favor of the official act;
2.
To whom the costs are imposed by decision of the German Patent and Trademark Office or the Federal Patent Court;
3.
who has assumed the costs by a statement issued to the German Patent and Trademark Office or communicated to the German Patent and Trademark Office;
4.
who is liable for the cost liability of another power law.
(2) Several debtors are liable to be the total debtor.

Footnote

(+ + + § 5: For application see Section 2 (5) VergWerkeRegV + + +) Non-official table of contents

§ 6 Maturity

(1) Fees are charged with the receipt of the application for payment of the fee. Official act due, outlays immediately after their creation.(2) The refund fee (number 301 500 of the cost directory) becomes due if the German Patent and Trade Mark Office finds that there is no legal reason for payment.

Footnote

(+ + + § 6 para. 1: For application see Section 2 (5) VergWerkeRegV + + +) unofficial table of contents

§ 7 advance payment, payment periods, right of retention

(1) The German Patent and Trademark Office may require payment of a cost advance and make the performance of the official act conditional upon payment or the advance of the advance. In the case of an act, an advance may be levied only to cover the costs.(2) § 18 of the DPMA Regulation shall apply mutas to the determination of payment periods.(3) Certificates, copies, certificates and printouts, as well as documents submitted by the applicant on the occasion of the official act, may be withheld until the costs incurred in the matter have been paid. You can see
1.
if the cost of receipt of the cost is expected to be safe. is,
2.
if it is made credible that the delay of issuing a participant would cause a damage that would not be caused or would be difficult to replace, and not it is to be assumed that the debtor will withdraw his obligation to pay the costs, or
3.
if it is a document from a third party, in contrast to the Retention of an undue hardship.
Unofficial table of contents

§ 8 Consequences of non-payment, withdrawal of the application

(1) If this is done according to § 7 The first sentence of the first sentence of the first sentence is not paid within the time limit laid down by the German Patent and Trademark Office, the application shall be deemed to be withdrawn.(2) If an application as referred to in paragraph 1 is deemed to be withdrawn, or if an application for a fee-based official act is withdrawn before the requested official act has been made, the fee is no longer applicable.

Footnote

(+ + + § 8 para. 2: To the Application § 2 para. 5 VergWerkeRegV + + +) Non-official table of contents

§ 9 Inaccurate material handling, cost-of-costs

(1) costs which are the correct treatment of the case would not have been incurred, are not collected. The same shall apply in the case of expositions created by an ex offict transfer of a date or a postponement of a trial.(2) The German Patent and Trade Mark Office may, in whole or in part, depart from the approach of the document and media package if data, diversion or expression are required for purposes whose persecution is predominantly in the public interest, or when official notices are made available to other media outlets other than the official notice sheets, on request for free printing.(3) Costs shall not be charged if data are provided on the Internet for non-commercial use.(4) In addition, the rules of the Federal Budget Code shall apply to the suppression and the imposition of costs. Non-official table of contents

§ 10 Repayment

(1) Repaid or unduly collected costs shall be reimbursed immediately.(2) In the case of the refund of amounts paid without legal reason (§ 6 para. 2), the refund fee shall be withheld.

footnote

(+ + + § 10 para. 1: For application, see § 2 para. 5 VergWerkeRegV + + +) unofficial table of contents

§ 11 cost approach

(1) The costs will be incurred by the German Patent and Trademark Office, even if they are at an requested court or authority have arisen.(2) The position of the German Patent and Trademark Office, which has incurred the costs, shall also take the decisions in accordance with § § 9 and 10. The arrangement according to § 9 paragraph 1, that costs are not levied, can be issued in patent, utility model, topographical protection, trademark and design matters even in the supervisory path, as long as the Federal Patent Court has not decided. Unofficial Table Of Contents

§ 12 Reminder, Complaint, Court Decision

(1) Against the cost approach, the cost debtor can be remembered. insert. It is not bound by a deadline. The office of the German Patent and Trade Mark Office, which has the costs, decides on the memory or a measure in accordance with § § 7 and 9. The German Patent and Trademark Office may change its decision on its own account.(2) The cost debtor may lodge an appeal against the decision of the German Patent and Trademark Office on the memory of patent, utility model, topographical protection, trademark and design matters. A complaint against the decision of the Federal Patent Court on the cost approach does not take place.(3) Remembranding and complaint shall be filed in writing or in the minutes of the office of the German Patent and Trademark Office. The complaint shall not be bound by a time limit. If the German Patent and Trademark Office considers the complaint to be well founded, it has to remedy it. If the complaint is not remedied, it shall be submitted to the Federal Patent Court.(4) In copyright matters, the debtor may request a court decision against a decision of the German Patent and Trademark Office under paragraph 1 within a period of two weeks after the notification. The application is to be submitted in writing or to the minutes of the office of the German Patent and Trademark Office. If the German Patent and Trademark Office considers the application to be well founded, it will have to help it. If the application is not remedied, it is to be submitted to the court competent pursuant to Section 138 (2) sentence 2 of the Copyright Act.

Footnote

(+ + + § 12 paragraph 1 and 4: For use, see § 2 para. 5 VergWerkeRegV + + +) Non-official table of contents

§ 13 Limitation Period, Interest Rate

For the limitation period and interest rate of the Costs and claims for reimbursement of costs shall apply in accordance with Section 5 of the Law on Legal Costs.

Footnote

(+ + + § 13: For the application, see § 2 para. 5 VergWerkeRegV + + +) unofficial table of contents

§ 14 Transitional Regulation

In cases where, before the entry into force of this regulation, the chargeable act is applied for, but has not yet ended, the charges applicable until the date of entry into force of this Regulation shall not be due until the end of the official act. Non-official table of contents

§ 15 Entry into force, override

This regulation occurs on the 1. October 2006, in force. Non-official table of contents

Asset (to § 2 para. 1)
Cost directory

(Fundstelle: BGBl. I 2006, 1589-1591;
bzexcl. of the individual amendment, cf. Footnote)

No. Charge inventory Charge Amount in Euro
Part A. Fees
I. Register excerpts and registration certificates
Grant from
301 100
-
notarized tab
20
301 110
-
uncertified register excercises as well as registration certificates according to § 4 of the WerkeRegV

Volume flat rate is collected separately.
15
II. Authentications
301 200 Certification of clearings and Print out for each page captured0.50-at least 5
(1) The certification of clearings and print-outs the decisions and decisions adopted by the German Patent and Trademark Office are free of charge.(2) Deposits are additionally collected.
III. Certificates, written information
301 300 Issuing Priority occupancy

deposits are additionally collected.
20
301 310 Issue of a certificate or written information

Deposits are additionally collected.
10
301 320 Issue of a jewellery certificate (§ 25 para. 2 DPMAV)

(1) Fee free is
-
the issuance of patent, utility model, topography, brand and design documents (§ 25 para. 1 DPMAV) and
-
the attachment of documents to the jewelry certificate.
(2) Deposits are also collected.
15
301 330 Issue of a home certificate

Deposits are additionally collected.
15
IV. Inspection of files, issuance of lights and printing
301 400 Method via applications for inspection in files

The inspection of files in such files, the inspection of which is open to everyone, into the files of your own application or to your own right of protection is free of charge.
90
 
301 410 Procedures for applications for the issuances and printing of light from files
(1) Fee free is
-
the issuance and print out of such files, whose insight is available to everyone, from Files of your own application or of your own right of protection, or if
-
the application is made following a file inspection procedure, for which the fee by number 301 400.
(2) Deposits are additionally collected.
90
V. Refund
301 500 Repayment of amounts that have been paid without legal reason 10
No. Walls Height
Part B. Deposits
I. Document and Volume Package
302 100 Pautray for the production and release of documents:
1.
Copies, lights, and printouts made on request, transmitted by fax, or the , because the parties have not made it possible to add the required number of multi-copies (flat-rate document):
for the first 50 pages per
0.50 EUR
for each additional page
0.15 EUR
2.
The release of electronically stored files instead of the one named in point 1 Copies, lights, and printouts:

per
2.50 EUR
3.
Package for the release of electronically stored data on CD or DVD (volume flat rate):
each CD
7.00 EUR
each DVD
12,00 EUR
(1) Frei from the Document packages are each
-
for each participant and its authorized representative. complete copy or copy of the decisions and decisions of the German Patent and Trademark Office,
-
a copy or a copy of the Expression of each transcript over a session.
(2) The volume flat rate is collected in each case.(3) A document or media package is not collected for the submission of protection rights data via the DPMAdatenabgabe and DEPATISconnect services.
II. Prints for photos, graphical representations
302 200 The outlays for the production of photos or duplicates of photos or color copies are

for the first deduction or the first page
2 EUR
for each additional deduction or other page0.50 EUR
302 210 Production of photos or graphic representations by third parties on behalf of the German Patent and Trademark Officein full Height
III. Public announcements, cost of a new print
302 310 (omitted)
302 340 Notice costs in copyright proceedingsat full height
302 360 Cost of reprinting or modification of a patent specification or patent as long as it is caused by the applicant80 EUR
IV. Other outlays
The outlays are also raised:
302 400
-
Deliveries for deliveries with delivery certificate or cover
at full height
302 410
-
telegrams outlays
in full Height
302 420
-
the amounts to be paid under the Justice and Indemnity Act (JVEG); receives a Experts on the basis of Section 1 (2) sentence 2 of the JVEG are not entitled to pay the amount which would be payable under the JVEG without this provision; if the outlays are initiated by various procedures, they shall be applied to the various procedures distributed
at full height
302 430
-
for stores outside of the German Patent and Trademark Office Staff members on the basis of statutory provisions (travel expenses, outsourcing) and the cost of providing rooms; where the expenses are caused by various procedures, they shall be proportionate to the various procedures distributed
at full height
302 440
-
the cost of carriage of
at full height
-
the cost of making payments to destitute people for travel to the place of a negotiation, questioning or investigation and for the return
Up to the amount of amounts to be paid to witnesses after the JVEG
302 450
-
the cost of transporting animals and things except for those for Postal services to pay fees, the safekeeping of animals and things as well as the feeding of animals
at full height
302 460
-
sums granted to other domestic authorities, public bodies or staff as a substitute for outlays of the type referred to in points 302 420 to 302 450; the Amounts shall also be levied if, for reasons of reciprocity, administrative simplification or for similar reasons, no payments are to be
limited by the maximum rates for the outlays 302 420 to 302 450
302 470
-
amounts awarded to foreign authorities, institutions or persons abroad, as well as to the costs of the Mutual legal assistance with foreign countries; the amounts are also levied if, for reasons of reciprocity, administrative simplification or for similar reasons, no payments are to be
at full height