Washington, D.C. Location
(1) Any person who, through no fault of his own, has been prevented from observing a time limit, default of which is detrimental to his rights according to the provisions of the law, shall, on request, be reinstated. This provision shall not apply to the time limit for filing an opposition (Section 59(1)), to the time limit allowed an opponent for filing an appeal against the maintenance of a patent (Section 73(2)) or to the time limit for filing patent applications for which a priority under Section 7(2) and Section 40 may be claimed.
(2) Reinstatement shall be requested in writing within two months after the removal of the impediment. The request shall state the facts upon which the reinstatement may be based; these facts must be established to the satisfaction of the Court in the request or in the procedure on the request. The action in default shall be made good within the time limit for the request; if this is done, reinstatement may be granted without a request. After one year from the expiration of the time limit which has not been observed, reinstatement may no longer be requested and the action in default may no longer be made good.
(3) A decision on the request shall be taken by the authority that is required to decide on the action to be made good.
(4) The decision on reinstatement shall not be appealable.
(5) Any person who, in Germany, has in good faith exploited the subject matter of a patent which, as a result of reinstatement, has re-entered into force in the period between the lapsing and the re-entry into force of the patent or has, within that period, made the necessary arrangements for such purpose, shall be entitled to continue to exploit the subject matter of the patent for the needs of his own business in the plants or workshops of his own or others. This entitlement may only be inherited or transferred together with the business.
(6) Subsection (5) shall apply mutatis mutandis if, as a result of reinstatement, the provisions of Section 33(1) again become effective.
(7) Any person who, in Germany, has in good faith exploited the subject matter of an application which, as a result of reinstatement, claims the priority of an earlier foreign application (Section 41), in the period between the expiry of the 12-month time limit and the re-entry into force of the priority right, or has, within that period, made the necessary arrangements for such purpose, shall also be entitled in accordance with subsection (5).
In proceedings before the Patent Office, the Patent Court and the German Federal Court of Justice, the parties shall make their statements on questions of fact fully and truthfully.
(1) If an opposition or action for a declaration of nullity of a patent is based upon the assertion that the subject matter of the application or of the patent is not patentable under Section 3, the Patent Office or the Patent Court may require that originals, photocopies or certified copies of the publications mentioned in the opposition or in the action which are not available at the Patent Office or Patent Court be furnished, in one copy each, for the Patent Office or Patent Court and for the parties to the proceedings.
(2) Uncertified or certified translations of publications in a foreign language shall be produced when required by the Patent Office or Patent Court.
The language of the Patent Office and Patent Court shall be German, where not otherwise provided. In other respects, the provisions of the Judiciary Act concerning the language of the courts shall be applicable.
(1) For the purpose of the service of documents in proceedings before the Patent Office and the Patent Court, the provisions of the Law on Service in Administrative Procedures [Verwaltungszustellungsgesetz] shall apply, subject to the following conditions:
1. if acceptance of service by registered letter is refused without such grounds as are provided by law, service shall nevertheless be deemed to have been effected;
2. service on addressees residing abroad may also be effected by mail in accordance with Sections 175 and 213 of the German Code of Civil Procedure;
3. for the purposes of service upon holders of certificates of representation (Section 177 of the Patent Attorney Regulations [Patentanwaltsordnung]), Section 5(2) of the Law on Service in Administrative Procedures shall apply mutatis mutandis;
4. documents may also be served on addressees for whom a mail box has been installed at the Patent Office or at the Patent Court, by depositing the documents in the mail box of the addressee. A written statement relating to the deposit shall be added to the files of the case. The time of the deposit shall be recorded on the document. Service shall be deemed to have been effected on the third day after deposit in the mail box.
(2) Section 9(1) of the Law on Service in Administrative Procedures shall not apply if service initiates the period allowed for the filing of an appeal (Section 73(2), 122(3)), an appeal on a point of law (Section 102(1)) or an appeal (Section 110(3)).
(1) The courts shall be required to furnish legal assistance to the Patent Office and the Patent Court.
(2) In proceedings before the Patent Office, the Patent Court shall, at the request of the Patent Office, prescribe orders or coercive means against witnesses and experts who fail to appear or who refuse to give evidence or to give it under oath. Enforcement of the summons served on a witness who has failed to appear shall likewise be ordered.
(3) A Chamber of Appeal of the Patent Court composed of three legal members shall pronounce on the request made under subsection (2). Pronouncement in such case shall take the form of a decision.