Regulation On Administrative Costs At The German Patent And Trademark Office

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

Read the untranslated law here: http://www.gesetze-im-internet.de/dpmavwkostv_2006/BJNR158600006.html

Regulation on administrative costs at the German patent and Trademark Office (DPMA management costs regulation DPMAVwKostV) DPMAVwKostV Ausfertigung date: 14.07.2006 full quotation: "DPMA management costs Ordinance of July 14, 2006 (BGBl. I S. 1586), most recently by article 5 of regulation by November 1, 2013 (BGBl. I S. 3906) is changed" stand: last modified by article 5 V v. 1.11.2013 3906 for more information on the stand number you find in the menu see remarks footnote (+++ text detection from) : 1.10.2006 +++) (+++ to the application d. § 5 see § 2 para 5 VergWerkeRegV +++) (+++ to the application d. § 6 para 1 cf. § 2 para 5 VergWerkeRegV +++) (+++ to the application d. § 8 para 2 see § 2 para 5 VergWerkeRegV +++) (+++ to the application d. Article 10, paragraph 1 cf. § 2 para 5 VergWerkeRegV +++) (+++ to the application d. Article 12, paragraph 1 cf. § 2 para 5 VergWerkeRegV +++) (+++ to the application d. § 13 cf. § 2 para 5 VergWerkeRegV +++) input formula on the basis of § 1 para 2 No. 1 of the patent costs Act of 13 December 2001 (BGBl. I) P. 3656) and § 138 para 5 No. 2 of the copyright law of September 9, 1965 (BGBl. I p. 1273), the last by article 16 no. 3 letter d double letter bb of the law of 13 December 2001 (BGBl. I p. 3656) is changed, decreed the Federal Ministry of Justice: § 1 scope for official acts of the German of patent and Trademark Office patent, utility model, topography protection , Trademark, design and copyright matters are costs (fees and expenses), which otherwise by law or on the basis of statutory appropriations provisions are met, only according to the provisions of this regulation.

Section 2 costs (1) the costs are determined by the adjacent cost directory.
(2) unless otherwise stated in part A of the cost directory, no expenses levied fees B of the cost directory part. However, if there is not a fee for the Act, expenses are to raise.

§ 3 minimum charge, the minimum amount of a fee is 10 euros. Cents shall be rounded to full euro amounts.

§ 4 are (1) exemption from the payment of the cost free 1 the Federal Republic of Germany and the Federal legal persons of governed by public law, whose spending; carried wholly or partly due to legal obligation from the budget of the Federal Government
2. the countries and entities of public law, administered according to the budgets of a country on behalf of a country;
3. the municipalities and municipal associations, as far as the official acts concerning their economic enterprises;
4. the world intellectual property organization pursuant to administrative arrangements of the Ministry of justice within the framework of international cooperation in the field of intellectual property law.
(2) the exemption does not occur unless you are entitled No. 1 to 3 mentioned in paragraph 1, to impose costs on third parties or to otherwise to third parties.
(3) charge is not referred to in paragraph 1 para 1 of the basic law, for similar institutions of countries as well as for public companies in which the federal or land is involved for funds and federal operations in the sense of article 110.
(4) for the performance of administrative assistance, no fee is charged. Expenses are to reimburse if they exceed EUR 35 in the case of the requesting authority on request. Paragraphs 2 and 3 shall apply accordingly.

§ 5 costs debtors (1) is required to pay the costs, if the act causes 1 or in whose favor it is; made
2 by decision of the German of patent and trade mark Office or of the German Federal Patent Court, the costs are imposed on whom;
3. who has acquired the cost by one compared with the German patent and Trademark Office-given or communicated to the German patent and Trademark Office Declaration;
4. who is responsible for the costs debt of another law.
(2) multiple cost debtor liable severally.
Footnote (+++ § 5: to the application see section 2 para 5 VergWerkeRegV +++) § 6 maturity (1) are fees with the request for completion of the toll Office Act due expenses immediately after their formation.
(2) the refund (number 301 500 cost directory) will be charged, if the German patent and trade mark Office finds that a legal basis for payment does not exist.
Footnote (+++ § 6 para 1: to the application see § 2 para 5 VergWerkeRegV +++) § 7 require the payment of a deposit advance payment, terms of payment, right of retention (1) that can be German patent and trade mark Office and make subject to the completion of the official act of the payment or guarantee of the advance. In carrying out tasks of official, an advance may be charged only to cover the expenses.
(2) § 18 of the patent rules for the determination of terms of payment shall apply accordingly.
(3) certificates, copies, photocopies and printouts, as well as documents submitted by the applicant on the occasion of the official act might be held back until the costs adult in the business are paid. The retention is to see 1 if the input of the costs be is 2 If is made credible, that the delay of the publication is not a one of the parties or difficult to replace damage would, and not to accept is that the debtor will escape its obligation to pay the cost, or 3 if it is material of a third party , on the other hand, the retention would be undue hardship.

Section 8 consequences of non-payment, request withdrawal (1) is to section 7 subsection 1 sentence 1 requested advance is not paid within the period set by the German patent and Trademark Office, the request shall be deemed withdrawn.
(2) applies a request referred to in paragraph 1 be withdrawn or a request for performance of a paid Office Act is withdrawn, before the proposed Act has been made, does not apply to the fee.
Footnote (+++ § 8 par. 2: the application see section 2 para 5 VergWerkeRegV +++) § 9 incorrect thing treatment, Decree of costs (1), which would not have arisen if handled properly the thing not charges. The same applies to expenses arising from an officio caused laying an appointment or postpone a hearing.
(2) the German patent and Trademark Office can see off wholly or in part by the approach of the document and media package, if data, photocopies or printouts for purposes be required, the tracking is predominantly in the public interest, or official notices are left to other report rapporteur media as the official notice leaves on a request to free reprint.
(3) costs are not met, if provided data on the Internet for non-commercial use.
(4) In addition, the provisions of the federal financial regulation apply for the Suppression and the adoption of cost.

§ 10 reimbursement are (1) overpaid or wrongly levied costs immediately.
(2) for the reimbursement of amounts that were paid without legal basis (article 6 par. 2), the refund fee is withheld.
Footnote (+++ § 10 para 1: to the application see § 2 para 5 VergWerkeRegV +++) § 11 cost approach (1) costs are recognised at the German patent and Trademark Office, even if they have arisen at a requested court or requested authority.
(2) the Office of the German of patent and Trademark Office, which has set the cost, also the decisions after the articles 9 and 10. The arrangement that costs are not met, according to § 9 para 1, may be issued in patent, utility model, topography protection, trademark and design things in the way of supervision, as long as the Federal Patent Court has decided.

§ 12 reminder, complaint, judicial decision (1) against the cost approach can the cost debtor memory insert. It is not bound by a deadline. The job of the German of patent and trade mark Office, which put the cost decides on the memory or a measure under paragraphs 7 and 9. Officio, the German patent and Trademark Office can change his decision.
(2) against the decision of the German of patent and Trademark Office about the memory in patent, utility model, topography protection, trademark and design matters, the costs of debtor can file an appeal. An appeal against the decision of the German Federal Patent Court on the cost approach does not take place.
(3) memory and appeal are to be inserted in writing or to the Court of Office at the German patent and Trademark Office. The appeal is not bound by a deadline. Considers the German patent and Trademark Office the complaint to be well-founded, it has to help you. Will not remedy the complaint, it is to submit the Federal Patent Court.
(4) in terms of copyright, the debtors of costs against a decision of the German of patent and trade mark Office can apply for judgment pursuant to paragraph 1 within a period of two weeks after the delivery. The application must be in writing or to the Court of Office at the German patent and Trademark Office. The German patent and Trademark Office considers the request to be well-founded, it has to help him. The application is not remedied, is according to § 138 para 2 sentence 2 of the Copyright Act to present competent court.
Footnote (+++ § 12 para. 1 and 4: to the application see section 2 para 5 VergWerkeRegV +++)
§ 13 limitation, interest for the limitation and remuneration of costs claims and claims for reimbursement of costs shall apply article 5 of the court fees act according to.
Footnote (+++ article 13: application cf. Article 2 par. 5 VergWerkeRegV +++) § 14 applicable up to the entry into force of this regulation fees only upon termination of the official act are transitional arrangements in the cases in which prior to entry into force of this regulation the toll official act requested, but is not yet finished, due.

Article 15 entry into force, expiry this regulation enters into force on 1 October 2006.

Plant (to § 2 para 1) cost directory (site: BGBl. I, 2006, 1589-1591; regarding the individual change cf. footnote) No. fees event fees amount in euro part A. fees I. register scores and registration certificates issuance of 301 100 - certified extracts from the register 20 301 110 - unbeglaubigten extracts from the register, as well as registration certificates pursuant to § 4 of the WerkeRegV that is disk package separately collected.
15 II. accreditations 301 200 certification of photocopies and printouts for any partial page 0.50 - at least 5 (1) the certification of photocopies and printouts of the decisions adopted by the German patent and Trademark Office and notices is free of charge.
(2) expenses are charged in addition.
 
 
III. certificates, written information 301 300 issue a priority document expenses collected in addition.
Expenses are charged 20 301 310 issuing of a certificate or written information.
10 301 320 grant of a jewelry certificate (§ 25 paragraph 2 DPMAV) (1) is free of charge - the granting of patent, utility model, topography -, trademark - and Designurkunden (§ 25 para 1 DPMAV) and - pinning documents to the jewelry certificate.
(2) expenses are charged in addition.
15 301 330 grant of a certificate of home are charged in addition disbursements.
15 IV. inspection, issuance of photocopies and printing 301-400 procedures on applications on inspection of files the documents in such acts, their understanding is free to everyone, in the files of the own application or of the own right is free of charge.
90 301 410 procedures on applications for obtaining photocopies and printouts of files (1) toll free is - the obtaining of photocopies and printouts of such acts, their understanding is free anyone from files of the own application or of the own right, or if - the application following an inspection procedure is made, for which the fee has been paid after number 301-400.
(2) expenses are charged in addition.
90 BC refund 301 500 refund of amounts deposited without legal grounds were 10 No. expenses amount part B. expenses I. documents and disk package 302 100 flat rate for the production and provision of documents: 1 copies, photocopies and printouts that request have been made, transmitted by fax or that made, because the parties have failed, the required number of additional productions to include (document package) : for the first 50 pages per page 0.50 EUR for each additional page 0.15 EUR 2. provision of electronically stored files instead of the copies referred to in paragraph 1, photocopies and printouts: each file EUR 2.50 3. flat-rate for the provision of electronically stored data on CD or DVD (disc fee): each CD 7,00 EUR per DVD 12,00 EUR (1) of the document package are free for each participant and its authorized representatives each - a full copy or illumination or a full expression the decisions and decisions of the German of patent and trade mark Office, an illumination or an expression of each transcript of a meeting.
(2) the media flat rate will be charged in any case.
(3) for distribution of patent data on the services DPMAdatenabgabe and DEPATISconnect a document or data carrier fee will not be charged.
 
 
II. expenses for photographs, graphs 302 200 exceed the expenses for the production of photos or duplicates of photos or color copies for the first withdrawal or the first page of 2 EUR for every further deduction or any further creation of photographs or graphic representations by a third party on behalf of the German of patent and trade mark Office in full height III. public service announcements page 0.50 EUR 302 210 , 302 340 notice in copyright proceedings in full cost 302 360 cost for the reprint or the alteration of a disclosure font or patent specification, 302-310, a reprint (dropped out) as far as they by the applicant caused are EUR 80 IV. other expenses as expenses are also collected: 302 400 - expenses for delivery with delivery note or letter against acknowledgement of receipt in full 302 410 - expenses for telegrams in full 302 420 - the amounts to be paid according to the rates and Compensation Act (JVEG); an expert on the basis of § 1 para 2 sentence 2 receives no remuneration, JVEG is the amount to raise, which pay would be without this provision, after the JVEG; the expenses by different processes are led they be distributed several procedures adequately on the 302-430 - in full at shops outside of the German of patent and trade mark Office staff on the basis of remuneration (travel expenses, expenses replacement) granted statutory regulations and the costs for the provision of premises; the expenses by different processes are led on the be distributed several procedures adequately 302 440 - the costs of transporting persons in full - in full the cost to payments to destitute people for the trip to the site of a trial, hearing or investigation and for the return journey up to the amount of the amounts to be paid to the JVEG of witnesses 302 450 - expenses for the shipment of animals and things with the exception of the postal services to be paid Charges, the safe-keeping of animals and things, as well as the feeding of animals in full 302 460 - amounts, the other domestic authorities, public institutions or staff as a replacement for expenses of the kind referred to in paragraphs 302-420 to 302-450 are to; the amounts collected also, for reasons of reciprocity, the administrative simplification or comparable reasons make no payments are limited by the maximum rates for the expenses 302 420 to 302 450 302 470 - amounts, which are available to foreign authorities, organisations or persons from abroad, as well as costs of legal aid traffic with foreign countries; the amounts will be collected even if for reasons of reciprocity, the administrative simplification or for similar reasons no payments are payable in full