Regulation On The Electronic Filing At The Patent Office, The Patent Court And The Federal Court

Original Language Title: Verordnung über die elektronische Aktenführung bei dem Patentamt, dem Patentgericht und dem Bundesgerichtshof

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Regulation on the electronic filing at the Patent Office, the Patent Court and the Federal Court of Justice EAPatV Ausfertigung date: 10.02.2010 full quotation: "regulation on the electronic filing at the Patent Office, the Patent Court and the Federal Court by February 10, 2010 (BGBl. I S. 83), most recently by article 4 of the regulation from January 2, 2014 (BGBl. I p. 18) has been changed" stand: last amended by art. 4 V v. 2.1.2014 18 for more information on the stand number you find in the menu see remarks footnote (+++ text detection from) : 1.3.2010 +++) the V 1 V v. 10.2.2010 was adopted as article I 83 of the Ministry of Justice. She article 3 of this V on the 1.3.2010 to enter into force.

Electronic filing the Patent Office, the Patent Court and the Federal Court, as far as he is responsible for hearing and deciding appeals against decisions of the Patent Court, can fully or partially electronic lead section 1 records proceedings.

Section 2 procedural law for the procedure before the Patent Office the rules of civil procedure regarding the electronic file shall apply for the Patent Office.

§ 3 destruction of documents be transmitted documents or other documents in an electronic document, so may be not destroyed them when considering comes to collect evidence on their presence or their personality.

Section 4 Overview of file components (1) contains a file both paper-based and electronic components, so a note on the other part must be at the access to each of the parts visible.
(2) a complete overview of all other components of the electronic file must be visible before any access to a part of the electronic file.

§ 5 proof of origin (1), a handwritten signature is not required, so a different unique origin can be used in electronic components of the file instead of the electronic signature, which can not be changed.
(2) an electronic document is signed, by inserting the name of the undersigned person. The documents are secured by a qualified timestamp.
(3) a transcript or a decision of the German of patent and trade mark Office is signed by insert the name of the undersigned person or the undersigned persons and the document provided with an advanced or qualified signature the signature law.

§ 6 copy is an electronic document by the Patent Office issued, is sufficient, in the expression following information to take on: 1. the name of the person who has provided the document with an electronic signature, 2. the day on which the document was equipped with an electronic signature or a different origin, and 3. the note that the copy is not signed.

§ 7 (dropped out) § 8 are submitting files (1) to submit files to a court or an authority, are sent to all electronic components of the file or allows you unlimited access to. The file components may carry no copy protection.
(2) acts in an appeal presented, so recognizable must, on which stand the files were, as the appeal was lodged.
(3) can bring the contents of the files in a form readable by the Court or the authority, are to send the relevant parts in an other suitable form.

§ 9 retention file components in electronic form are equally long to store as file components in paper form.