Ordinance on administrative costs at the German Patent and Trademark Office (DPMA Administrative Cost Ordinance-DPMAVwKostV)

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DPMAVwKostV

Date of completion: 14.07.2006

Full quote:

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

Status:

Last amended by Art. 5 V v. 1.11.2013 I 3906

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 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 + + +) 

  

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Input formula

On the basis of § 1 para. 2 No. 1 of the Patent Costing Act 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), bb of the Law of 13 December 2001 (BGBl. 3656), the Federal Ministry of Justice is responsible for: Unofficial table of contents

§ 1 Scope

For official acts of the German Patent and Trademark Office in patent, utility model, topographical protection, trademark, design and copyright matters, costs (fees and expenses), over which are not otherwise by law or due to legal provisions, are subject to The provisions of this Regulation shall apply only to the provisions of this Regulation. Unofficial table of contents

§ 2 Costs

(1) The costs shall be determined in accordance with the applicable cost index. (2) Unless otherwise indicated in part A of the cost index, no expenses shall 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 must be levied. Unofficial 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. Unofficial table of contents

§ 4 Cost-exemption

(1) From payment of the costs are exempt

1.

the Federal Republic of Germany and the federal direct legal persons under public law whose expenditure is wholly or partly borne by a statutory obligation arising from the budget of the Federal Republic of Germany;

2.

the countries and legal persons governed by public law, which are managed in accordance with a country's budgets for the account of a country;

3.

the municipalities and municipal associations, in so far as the acts do not affect their economic undertakings;

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 shall not apply in so far as the persons referred to in paragraph 1 (1) (1) to (3) are entitled to impose the costs on third parties or to transfer them to third parties. (3) Free of charge in accordance with paragraph 1 shall not apply to special assets and federal enterprises in the sense of Article 110 (1) of the Basic Law, for similar bodies of the Länder and for public undertakings in which the Federal Government or one 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. Unofficial table of contents

§ 5 Cost debtors

(1) In order to pay the costs, it is required to:

1.

the person who causes or is in the benefit of the act of the act;

2.

to whom the costs are imposed by decision of the German Patent and Trade Mark Office or the Federal Patent Court;

3.

who has assumed the costs by a statement issued to the German Patent and Trademark Office or notified to the German Patent and Trademark Office (German Patent and Trademark Office);

4.

who is liable for the cost debt of another power of law.

(2) Several debtors shall be liable as total debtors.

Footnote

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

§ 6 Due date

(1) Fees are due upon receipt of the application for payment of the fee-based official act, expenses immediately after their creation. (2) The refund fee (number 301 500 of the cost directory) becomes due if the German Patent and Trademark office determines that a legal reason for payment is not available.

Footnote

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

§ 7 Advance payment, payment deadlines, right of retention

(1) The German Patent and Trade Mark Office may request payment of a cost advance and make the acceptance of the official act dependent on the payment or assuring of the advance. In the case of an act, an advance can only be levied to cover the costs. (2) For the purpose of determining the payment periods, § 18 of the DPMA Regulation applies accordingly. (3) Certificates, copies, excerpts 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. The withholding is to be seen,

1.

if the receipt of the costs is to be expected with certainty,

2.

if it is made credible that the delay in issuing the publication would cause damage to a party which is not or would be difficult to replace, and that it is not to be assumed that the debtor will withdraw his obligation to pay the costs, or

3.

in the case of documents from a third party, the retention of which would be an undue hardship.

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§ 8 Consequences of non-payment, withdrawal of application

(1) If the cost advance requested in accordance with § 7 (1) sentence 1 is not paid within the time limit set by the German Patent and Trademark Office, the application shall be deemed to be withdrawn. (2) A request pursuant to paragraph 1 shall be deemed to have been withdrawn or a request shall be made. in the event of a fee-based official act being withdrawn before the requested official act has been carried out, the fee shall be waived.

Footnote

(+ + + § 8 (2): For the application, see § 2 para. 5 VergWerkeRegV + + +) Unofficial table of contents

§ 9 Inaccurate treatment, cancellation of costs

(1) Costs which would not have been incurred in the case of correct handling of the case shall not be charged. The same applies to outlays that have arisen due to a transfer of an appointment or a postponement of a hearing initiated by the Office. (2) The German Patent and Trade Mark Office can fully or fully agree with the approach of the document and media package. in some cases, if data, agreements or printouts are required for purposes whose persecution is mainly in the public interest, or when official notices are issued to other media outlets other than the official (3) Costs on request for unpaid print. (3) Costs are not collected when data are provided on the Internet for non-commercial use. (4) The rules of the federal budget order are also valid for the suppression and the cancellation of costs. Unofficial table of contents

§ 10 Refunding

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

Footnote

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

Section 11 Costing

(1) The costs are incurred by the German Patent and Trademark Office, even if they have been incurred by a requested court or a requested authority. (2) The office of the German Patent and Trade Mark Office, which has incurred the costs, shall also apply 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 may be remembered. It is not bound by a deadline. The office of the German Patent and Trademark 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 German Patent and Trademark Office's decision on the memory of patent, utility model, topographical protection, trademark and design matters can be taken into account. Appeal against the costs debtor. A complaint against the decision of the Federal Patent Court on the cost approach does not take place. (3) Remembrance and appeal are to 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 must be submitted to the Federal Patent Court. (4) In copyright cases, the debtor may oppose a decision of the German Patent and Trademark Office in accordance with paragraph 1 within a period of two weeks after the date of the Request notification of a court decision. 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 must be submitted to the court competent pursuant to Section 138 (2) sentence 2 of the Copyright Act.

Footnote

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

§ 13 Limitation of limitation, interest rate

§ 5 of the Law on Legal Costs shall apply accordingly for the limitation and return of costs and the claims for reimbursement of costs.

Footnote

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

Section 14 Transitional regime

In cases where, before the entry into force of this Regulation, the chargeable act is requested but has not yet been completed, the charges applicable until the entry into force of this Regulation shall not be due until the end of the official act. Unofficial table of contents

Section 15 Entry into force, expiry of the external force

This Regulation shall enter into force on 1 January October 2006, in force. Unofficial table of contents

Annex (to § 2 para. 1)
Cost Directory

(Fundstelle: BGBl. I 2006, 1589-1591;
with regard to of the individual amendment, see Footnote)

No.	Due date	Fee Amount in Euro
Part A. Fees
I. Register extracts and registration certificates
	Grant of
301 100	- certified register excercises	20
301 110	- uncertified register extracts as well as registration certificates according to § 4 of the WerkeRegV The volume flat rate is collected separately.	15
II. Certifications
301 200	Certification of clearings and prints for each page captured	0.50-at least 5
	(1) The legalization of decisions and imprints of the decisions and decisions issued by the German Patent and Trademark Office is free of charge. (2) Deposits are additionally levied.
III. Certificates, written information
301 300	Issue of a priority occupation Expositions are additionally collected.	20
301 310	Issue of a certificate or written information Expositions are additionally collected.	10
301 320	Issue of a certificate of jewellery (§ 25 para. 2 DPMAV) (1) Fee-free is - the issuance of patent, utility model, topography, brand and design documents (§ 25 (1) DPMAV) and - the attachment of documents to the jewellery certificate. (2) Deposits are additionally collected.	15
301 330	Issuing of a certificate of origin Expositions are additionally collected.	15
IV. Inspection of files, issuances and print-outs
301 400	Proceedings concerning applications for access to files The inspection of files in such files, the inspection of which is free of any person, is free of charge in the files of his or her own application or of his/her own right of protection.	90
301 410	Procedure on applications for the issuances and printouts of files (1) Fee-free is - the issuing of documents and prints from such files, the inspection of which is open to all persons, from the file of their own application or of their own right of protection, or if: - the application shall be made following a file inspection procedure for which the fee has been paid in accordance with point 301 400. (2) Deposits are additionally collected.	90
V. Reimbursement
301 500	Repayment of amounts paid without legal reason	10
No.	Outlays	Height
Part B. Deposits
I. Documents and media package
302 100	Flat-rate for the production and release of documents: 1. Copies, clearings and printouts made on request, transmitted by fax or made by the parties, because the parties concerned have made it possible to add the necessary number of copies (flat-rate document):
	for the first 50 pages per page	EUR 0.50
	for each additional page	EUR 0.15
	2. Transfer of electronically stored files instead of the copies, clearings and printouts referred to in point 1: per file	EUR 2,50
	3. Flat-rate for the release of electronically stored data on CD or DVD (volume flat rate): CD	7,00 EUR
	DVD	12,00 EUR
	(1) Free of the document lump sum shall be for each party and its authorised representative. - a complete copy or obligation or a complete expression of the decisions and decisions of the German Patent and Trademark Office, - a copy or an expression of each transcript of a meeting. (2) The volume flat rate shall be levied in each case. (3) A document or media flat rate shall not be collected for the delivery of IP 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 colour copies are for the first deduction or the first page	EUR 2
	for each additional deduction or any other page	EUR 0.50
302 210	Production of photographs or graphic representations by third parties on behalf of the German Patent and Trademark Office	in full height
III. Public announcements, costs of new printing
302 310	(dropped)
302 340	Publication costs in copyright proceedings	in full height
302 360	Costs for the reprinting or modification of a patent specification or patent as far as they are initiated by the applicant	EUR 80
IV. Other outlays
	The following are also levied as outlays:
302 400	- Expositions for deliveries with a certificate of delivery or a letter of entry against a return ticket	in full height
302 410	- Messages for telegrams	in full height
302 420	- the amounts to be paid under the Justice and Compensation Act (JVEG); if an expert is not remunerated on the basis of the second sentence of Section 1 (2) of the JVEG, the amount to be paid without this requirement under the JVEG is to be levied; the lees are caused by various procedures, they are adequately distributed among the various procedures	in full height
302 430	- the remuneration paid to employees in transactions outside the German Patent and Trade Mark Office pursuant to statutory provisions (travel expenses, outsourcing) and the cost of the provision of rooms; the expenses are provided by various procedures, they shall be distributed in an appropriate manner to the various procedures	in full height
302 440	- the cost of the transport of persons	in full height
	- the cost of making payments to unmediated persons for the journey to the place of a negotiation, questioning or investigation and for the return journey	up to the amount of the amounts to be paid to witnesses in accordance with the JVEG
302 450	- the cost of the transport of animals and goods, other than the charges for postal services, the safekeeping of animals and goods and the feeding of animals	in full height
302 460	- amounts allocated to other domestic authorities, public bodies or staff as a substitute for deposits of the type referred to in paragraphs 302 420 to 302 450; the amounts shall also be levied if, for reasons of reciprocity, the Administrative simplification or, for comparable reasons, no payments shall be made	limited by the maximum rates for the deposits 302 420 to 302 450
302 470	- Amounts payable to foreign authorities, institutions or persons abroad and the costs of mutual legal assistance with foreign nationals; the amounts shall also be levied if, for reasons of reciprocity, administrative simplification or comparable reasons are not to be paid	in full height