Regulation on electronic file management at the Patent Office, the Patent Court and the Federal Court of Justice

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EAPatV

Date of completion: 10.02.2010

Full quote:

" Regulation on Electronic File Management at the Patent Office, the Patent Court and the Federal Court of Justice of 10 February 2010 (BGBl. 83), as last amended by Article 4 of the Regulation of 2 January 2014 (BGBl I). 18) has been amended "

Status:

Last amended by Art. 4 V v. 2.1.2014 I 18

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.3.2010 + + +) 

  

The V was enacted as Art. 1 of V v. 10.2.2010 I 83 by the Federal Ministry of Justice. It occurs gem. Article 3 of this V, in force on 1.3.2010. Unofficial table of contents

§ 1 Electronic briefing

The Patent Office, the Patent Court and the Federal Court of Justice, insofar as it is competent to negotiate and decide on appeals against decisions of the Patent Court, may, in whole or in part, also electronically carry out procedural acts. Unofficial table of contents

§ 2 procedural law for the patent office

The rules of the Code of Civil Procedure on the Electronic File Management apply accordingly to the proceedings before the Patent Office. Unofficial table of contents

§ 3 Destruction of documents

Where documents or other documents are transferred to an electronic document, they shall not be destroyed if they are considered to have evidence of their existence or nature. Unofficial table of contents

§ 4 Overview of file components

(1) If a file contains both electronic and paper-bound components, a reference to the other part must be visible when accessing each of the parts. (2) Prior to any access to an electronic file component, a file must be complete overview of all other electronic file components. Unofficial table of contents

§ 5 Certificate of origin

(1) If a handwritten signature is not required, it is possible to use in electronic components of the file, instead of the electronic signature, another unique proof of origin, which cannot be altered unnoticed. (2) An electronic document shall be signed by inserting the name of the undersigned person. The documents are secured by a qualified time stamp. (3) A transcript or a decision of the German Patent and Trademark Office is signed by the name of the signatory person or of the signatories is inserted and the document is provided with an advanced or qualified signature according to the signature law. Unofficial table of contents

§ 6 Production

Where an electronic document is issued by the Patent Office, it is sufficient to include in the expression the following information:

1.

the name of the person who has provided the document with an electronic signature;

2.

the date on which the document was accompanied by an electronic signature or proof of origin, and

3.

the indication that the copy will not be signed.

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§ 7 (omitted)

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§ 8 Vorlaying of files

(1) Where files are to be submitted to a court or authority, all electronic file components shall be sent or the unrestricted access to them shall be made possible. The file components may not be subject to copy protection. (2) If files are presented in an appeal procedure, it must be possible to identify the situation on which the files were on the basis of the appeal. (3) Can the court or the court or the If the authority does not bring the contents of the files into a legible form, the relevant parts of the file shall be sent in a different, appropriate form. Unofficial table of contents

§ 9 Storage

File components in electronic form are to be kept as long as file components in paper form.