The inspection of patent- and utility model documents of the German Patent- and Trademark Office (DPMA) is from the 7. January 2014 be possible on the Internet. The necessary legal basis has been prepared by the Law Amending patent legislation and other laws of intellectual property rights 19. October 2013 (Gazette. I S. 3830) created. The electronic file is an toll-free service of the DPMA.
Please observe the following notes:
1. What documents will be available?
The electronic communications shall be available only for already published applications (§ 31 Paragraph 1 Sentence 2 and paragraph 2 Patent Act or. § 8 Paragraph 5 Sentence 1 Gebrauchsmustergesetz).
Electronic files will be visible components
vast Patent- and utility model applications, for since the 21. January 2013 Application has been made for access to documents,
all from the 21. January 2013 published granted patents and registered utility models and
all patent applications, from the 21. January 2013 were filed at the DPMA and already disclosed.
2. Which files ingredients will be visible?
In patent documents, for example, the following documents available for inspection are displayed:
Application documents including the application form for grant of a patent
Designation of Inventor
Input with Search- or. Request for review
Notification of an effective research- or. Request for review
Investigation Report
Bibliography of Communication (BIB)
Exam certificates
Responses on exam certificates and possibly. newly filed documents
Records of hearings in the examination procedure
Rejection decision regarding the patent application
Complaint
Decision to grant
Objection
Pleadings of the parties in opposition proceedings
Records of hearings in opposition proceedings
Decision of the patent department in opposition proceedings
Limitation and revocation
In utility model files, for example, the following documents available for inspection are displayed:
Application documents
Notification of an effective search request
Investigation Report
Bibliography of Communication (BIB)
Rejection decision
Request for cancellation (without attachments)
Decision on the merits of the cancellation proceedings
The documents – as far as possible – presented in chronological order. For documents, which were taken by scanning the paper file in the electronic filing, it may, in individual cases, deviations concerning the category of the above-enumerated documents come.
3. What documents are exempted from inspection?
In providing the above documents for the electronic access to documents in addition to overarching principles of fundamental rights protection and privacy legal requirements and other conflicting laws must be observed. Therefore can not be seen part of the file, the vulnerable people- contain or business-related data. Non-patent literature is not displayed for copyright reasons.
4. How can the file be viewed electronically?
The file is already switched freely:
The electronic access to documents is – if the file is already activated for electronic access to the file – possible about the service DPMAregister. In these files is available after you enter the file number and calling the register information at the bottom of the page with the master- and process data button “Inspection of files” available. After clicking it you will get access to the documents, which are approved for electronic access to the file. The documents are provided in PDF format.
The Act is not yet unlocked:
For already published, pending patent applications, for effective audit- or research application has been made, and registered, in force usage patterns can cause the deployment on the Internet via a separate link in DPMAregister. Please note, you will not receive a separate notice, when the file contents in the Internet is available, as your request is anonymous and therefore not traceable.
It is also possible, to make a written request for access. For each file number, a separate application must be made. Please look at an application by fax from them, in the original paper nachzureichen. Unless you make in your application has not indicated, what kind of provision you wish, the file content is provided online. After the processing of your application you will receive a written notice, that the file is available. The inspection may then either online or in one of the three departments of the DPMA in Munich, Jena and Berlin are made.
The application electronically via DPMAregister is not yet possible. Applications may not be submitted by e-mail effectively for legal reasons.
Of course, you have even after the introduction of the electronic access to the file still possible, in the premises of the DPMA (from. B. in the Research Hall in Munich) To inspect the file or sending copies or. To apply for Print.
5. How long does the provision of files?
The processing time for filing, which have not yet unlocked for online file inspection, depends on various factors. Since the inspection on the Internet requires the electronic filing, the digitization of the entire Act must be completed first. In addition, the Act must be prepared for the electronic inspection. Particular, this includes checking on legal restrictions on electronic access to the file (vgl. this 3.).
The DPMA endeavors, to process incoming requests promptly. For this, however, are both limited capacities available. Where the number of applications received or. Inquiries via the link in DPMAregister should exceed the current expectations clearly, there may be correspondingly longer processing times. We ask for your understanding.
Those:DPMA