Regulation On The Electronic Legal Relations With The German Patent And Trademark Office

Original Language Title: Verordnung über den elektronischen Rechtsverkehr beim Deutschen Patent- und Markenamt

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

Non-official table of contents

ERVDPMAV

Date of expend: 01.11.2013

Full quote:

" Regulation on the electronic legal traffic at the German Patent and Trademark Office of the 1st November 2013 (BGBl. 3906), which was last amended by Article 5 of the Regulation of 2 December 2000. January 2014 (BGBl. I p. 18) "

:Last modified by Art. 5 V v. 2.1.2014 I 18

See Notes

Footnote

(+ + + Text Evidence: 12.11.2013 + + +)

The V for details.

has been referred to as Article 1 of the V v. 1.11.2013 I 3906 issued by the Federal Ministry of Justice. She's gem. Art. 6 (1) of this V came into force on 12 November 2013. Non-official table of contents

§ 1 Signature-bound electronic communications

(1) At the German Patent and Trademark Office, electronic documents in the following procedures:
1.
in patent procedure for
a)
Registrations under the Patent Act and the International Law on International Patent Convention,
b)
Appeals,
c)
Complaints,
d)
Researcher Applications,
e)
Audit Requests,
2.
in utility pattern procedure for
a)
logins,
b)
search requests,
3.
in Brand Method for
a)
logins,
b)
complaints and
4.
in design process for
a)
logins,
b)
requests for determination or explanation of nullity.
(2) In accordance with technical progress, the Federal Ministry of Justice determines further procedural actions in which documents can be submitted electronically, and makes them known in the Federal Gazette. Non-official table of contents

§ 2 Signature-free electronic communications

(1) In the following procedures, electronic documents can be submitted to the German Patent and Trademark Office shall also be submitted without a signature:
1.
in Trademark Procedures for logins,
2.
in design process for
a)
logins,
b)
requests for determination or explanation of nullity.
(2) § 1 Paragraph 2 shall apply accordingly. Non-official table of contents

§ 3 Form of submission

(1) For the submission of electronically transmitted documents, only the electronic documents Place of acceptance of the German Patent and Trade Mark Office. 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 is made of online forms provided on the website mentioned in sentence 3.(2) An electronic document may also be submitted on a data carrier; the permitted types of media and formatting shall be made known through the www.dpma.de website.(3) For the submission of signatures, the documents must be accompanied by a qualified electronic signature in accordance with the Signature Act or with an advanced electronic signature from an international one, in the field of commercial legal protection and is suitable for processing by the German Patent and Trademark Office (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 the German Patent Office.(4) By way of derogation from paragraphs 1 to 3, applications for patents at the German Patent and Trademark Office may also be filed using the login system (DE-Module) developed by the European Patent Office for German patent applications. Software epoline is submitted. The technical conditions laid down in each of the Official Journal of the European Patent Office shall apply. Non-official table of contents

§ 4 Disclosure of the processing requirements

The German Patent and Trademark Office (German Patent and Trademark Office) is available on the website www.dpma.de known:
1.
The details of the registration procedure for participating in the electronic legal system and the authentication in the respective use of the electronic acceptance point, including the personal data to be processed for the data protection-appropriate management of the electronic acceptance point,
2.
Details of the signature-free filing procedure in accordance with § 2,
3.
the certificates, providers and versions of electronic signatures, which are referred to in § 3 (3) and are suitable for processing by the German Patent and Trademark Office,
4.
the permissible file formats for and further technical Requirements for the documents submitted in accordance with § § 1 and 2, including installations,
5.
further information required for transmission or submission in order to ensure the allocation and processing of the documents, including the installations.