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German Federal Patent Court: Lack of signature II ("Unterschriftsmangel II")
The German Federal Patent Court (Bundespatentgericht) had to decide in a case where an order by the German Patent and Trademark Office (DPMA) did not include the signature of the relevant DPMA office holder.
The court's advance press release of 16 November 2010 states the following headnotes (unofficial translation):
Lack of signature II ("Unterschriftsmangel II")
"A written executed copy of an order of the German Patent and Trademark Office requires the signature of the responsible office holder or - alternatively - a stamp of the German Patent and Trademark Office's official seal on the original copy of that order.
If this requirement is not fulfilled, then the order is invalid because the mandatory formality requirements have not been met. Whether this is the case has to be determined by the German Federal Patent Court.
A subsequent addition of the signature or of the official seal during the appeal procedure (Beschwerdeverfahren) is not possible in cases where the order was made during written proceedings at the German Patent and Trademark Office (further development to case: BPatGE 41, 44)."
Case reference 33 W (pat) 14/10 of 16 November 2010. Please click here to retrieve the Bundespatentgericht's press release.
German practitioners may wish to check recent orders received from the DPMA… Posted by: Birgit Clark @ 07.05
Tags: DPMA, Germany, Federal Patent Court,
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