Regulation on electronic legal traffic at the German Patent and Trademark Office (ERVDPMAV)

Unofficial table of contents

ERVDPMAV

Date of completion: 01.11.2013

Full quote:

" Regulation on electronic legal transactions at the German Patent and Trademark Office of 1 November 2013 (BGBl. 3906), as last amended by Article 5 of the Regulation of 2 January 2014 (BGBl I). 18) has been amended "

Status:

Last amended by Art. 5 V v. 2.1.2014 I 18

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 12.11.2013 + + +) 

  

The V was enacted as Article 1 of V v. 1.11.2013 I 3906 by the Federal Ministry of Justice. She's gem. Art. 6 (1) of this V came into force on 12 November 2013. Unofficial table of contents

§ 1 Signature-bound electronic communications

(1) At the German Patent and Trade Mark Office, electronic documents may be submitted in a signed-bound form in the following procedures:

1.

in patent procedures for

a)

Registrations under the Patent Act and the Law on International Patent Convention,

b)

Objections,

c)

Complaints,

d)

Research applications,

e)

Applications for examination,

2.

in utility model procedures for

a)

Notifications,

b)

Research applications,

3.

in trade mark procedures for

a)

Notifications,

b)

Complaints and

4.

in design procedures for

a)

Notifications,

b)

Requests for identification or declaration of invalidity.

(2) The Federal Ministry of Justice shall determine, in accordance with technical progress, further procedural acts in which documents can be submitted electronically, and shall make them known in the Federal Gazette. Unofficial table of contents

§ 2 Signature-free electronic communication

(1) In the following procedures, electronic documents can also be submitted to the German Patent and Trademark Office in a non-signatural way:

1.

in mark-up procedures for applications,

2.

in design procedures for

a)

Notifications,

b)

Requests for identification or declaration of invalidity.

(2) § 1 (2) shall apply accordingly. Unofficial table of contents

§ 3 Form of submission

(1) The electronic acceptance office of the German Patent and Trade Mark Office shall be exclusively intended for the submission of electronically transmitted documents. The electronic acceptance office can be reached via the access and transmission software provided by the German Patent and Trademark Office for the signing-bound submission. The software can be downloaded free of charge via the website www.dpma.de. For the signature-free submission, use online forms provided on the website mentioned in the third sentence. (2) An electronic document may also be submitted on a data carrier; the permitted types of media (3) The documents with a qualified electronic signature according to the Signature Act or with an advanced electronic signature are available for the signature-bound submission of the www.dpma.de. electronic signature from an international, in the field of the German Patent and Trademark Office is published and is suitable for processing by the German Patent and Trademark Office. The certificate, which is based on the electronic signature used, must be verifiable by the German Patent and Trade Mark Office or by a body commissioned by it. (4) By way of derogation from paragraphs 1 to 3, applications for patents may be granted. at the German Patent and Trademark Office, also using the registration system developed for German patent applications (DE-Module), the software epoline issued by the European Patent Office is submitted. The technical conditions laid down in each of the Official Journal of the European Patent Office shall apply. Unofficial table of contents

§ 4 Disclosure of the processing requirements

The German Patent and Trademark Office announcates the website www.dpma.de:

1.

the details of the notification procedure for participation in the electronic legal system and the authentication of the relevant use of the electronic acceptance point, including those for the management of data protection electronic acceptance point for personal data to be processed,

2.

the details of the signature-free filing procedure in accordance with § 2,

3.

the certificates, suppliers and versions of electronic signatures, which comply with the standard laid down in § 3 (3) and are suitable for processing by the German Patent and Trademark Office,

4.

the admissible file formats for and further technical requirements for the documents submitted in accordance with § § 1 and 2, including the annexes,

5.

further information necessary for the transmission or submission of documents, in order to ensure the allocation and processing of documents, including installations.