Important notice of 23 May 2022

On the participation in hearings, proceedings and on giving of evidence using image and sound transmission

On 1 May 2022, further legal amendments entered into force under the Second Act to Simplify and Modernise Patent Law (2. Patentrechtsmodernisierungsgesetz). These also comprise the option to participate in hearings and give evidence in procedures under the Patent Act (Patentgesetz), Utility Model Act (Gebrauchsmustergesetz), Trade Mark Act (Markengesetz), Design Act (Designgesetz) and Semiconductor Protection Act (Halbleiterschutzgesetz) using image and sound transmission by accordingly applying section 128a of the Code of Civil Procedure (Zivilprozessordnung) (section 46 (1) sentence 2 of the Patent Act, section 17 (2) sentence 6 of the Utility Model Act, section 60 (1) sentence 2 of the Trade Mark Act, section 34a (3) sentence 4 of the Design Act, section 8 (5) of the Semiconductor Protection Act).

Since 1 May 2022, the examining sections and the patent, utility model, trade mark and design divisions may permit the parties, upon their filing a request or ex officio, to stay at another location in the course of a hearing or giving of evidence, and to take actions in the proceedings from there. For the avoidance of doubt, there is no entitlement to participation by means of videoconferencing technology.

At present, the technical equipment and appropriate rooms required for the intended use of videoconferencing technology are not yet fully available. The DPMA is currently assuming that these prerequisites will be accomplished in August 2022.

Last updated: 24 May 2022