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 electronic records management at the Patent Office, the Patent Court and the Federal Court of Justice

Non-official table of contents


Date of expend: 10.02.2010

Full quote:

" Regulation on electronic records management at the Patent Office, the Patent Court and the Federal Court of Justice of 10 November 2008. February 2010 (BGBl. 83), as last amended by Article 4 of the Regulation of 2. January 2014 (BGBl. I p. 18) "

:Last modified by Art. 4 V v. 2.1.2014 I 18

See Notes


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

The V for details.

was referred to as Art. 1 of the V v. 10.2.2010 I 83 adopted by the Federal Ministry of Justice. It occurs gem. Article 3 of this V, in force on 1 March 2010. Non-official table of contents

§ 1 Electronic briefing

The Patent Office, the Patent Court and the Federal Court of Justice, as far as they are responsible for the hearing and the decision on appeals against decisions of the patent court is competent to conduct all or part of proceedings in electronic form. Non-official table of contents

§ 2 Rules of Procedure for the Patent Office

The rules of the Code of Civil Procedure are applicable to the proceedings before the Patent Office on the electronic file management accordingly. Non-official table of contents

§ 3 Destruction of documents

Will be used to document documents or other documents in an electronic document. , they shall not be destroyed if they are considered to have evidence of their existence or nature. Non-official table of contents

§ 4 Overview of file components

(1) Contains a file of both electronic and paper-based components, so must be visible when accessing each of the parts to the other part.(2) Prior to any access to an electronic file component, a complete overview of all other electronic file components must be visible. Non-official table of contents

§ 5 Certificate of origin

(1) If a handwritten signature is not required, it may be used in electronic form The components of the file shall be used instead of the electronic signature, another clear indication 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 shall be signed by inserting the name of the signatory person or persons signing the document and by placing the document with an advanced or qualified person. Signature is provided according to the signature law. Non-official table of contents

§ 6 copy-out

If an electronic document is issued by the Patent Office, it is sufficient to include the following Include the information:
the name of the person who has the document with an electronic signature ,
the day on which the document was provided with an electronic signature or certificate of origin, and
the note that the copy will not be signed.
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§ 7 (omitted)

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§ 8 filing of files

(1) Are files of a court or authority , all electronic file components shall be sent, or unrestricted access to them shall be made possible. The file components may not be subject to copy protection.(2) Where files are presented in an appeal procedure, it must be clear to what extent the files were on the file when the appeal was filed.(3) Where the Court or the Authority cannot bring the contents of the files into a legible form, the relevant parts of the files shall be sent in a different, appropriate form. Non-official table of contents

§ 9 retention

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