File inspection

Why - file inspection?

File inspection can be used, for example, to check the exact wording of an official examination communication or of the reasons given for an opposition as it appears in the files.

You can request file inspection if the file concerned

• is open to public inspection
• or if you can prove that you have a legitimate interest

Which files are open to public inspection?

The following files can be inspected without charge:

• patent applications after publication (compare Sec. 31 Patent Act)
• utility models upon registration (Sec. 8 (5 ) Utility Model Act)
• trade marks upon registration (Sec. 62 Trade Mark Act)
• designs also upon registration (Sec. 22 Designs Act)
• case files of proceedings pending before the Federal Patent Court

Special provisions for unpublished files
With regard to unpublished files of patent applications, the Office when considering the request for file inspection examines whether the person filing the request has a legitimate interest.

• The inspection of unpublished files is subject to a fee.
  • You must pay a fee of Euro 90 for each case file for which you request inspection and indicate the file number.

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To file a request, to inspect the files

Form of the request

Please submit a written request for file inspection for each case file you wish to inspect, indicating the file number, either

• by mail (there is no special request form) or
• by fax, central fax number: +49 89 2195 - 2221.

The document receiving unit will immediately forward your request to the unit in charge of keeping the files.

Please note:

• We regret that requests for file inspection sent by e-mail cannot be processed!

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What information must be included in the request for file inspection?

• File number
  • Please indicate the exact file number preferably with check digit.

• File inspection at the office or dispatch of copies
  • Please indicate in your request if you wish to inspect the file in one of our two search rooms or at the enquiry unit in Jena. You can use our self-service copiers available at our search rooms to produce copies of the files. A charge applies.
  • You can also order paper copies of the complete case file or of specific parts of the file for a charge. The charge for this service is indicated in the leaflet Information concerning Costs, Fees and Expenses A 9510.1..

• Non-patent literature
  • If you also want to inspect the non-patent literature cited during the patent examination or search, make sure you indicate this clearly on your request for file inspection.
  • Non-patent literature is usually kept in the file. However, non-patent literature is only provided for file inspection if explicitly requested.
  • All publications identified during the search and patent examination are included in DPMAregister. They are also listed on the title pages of patent specifications and published patent applications provided the identification of relevant publications was completed before the publication date.
  • Cited non-patent literature (for example, books or journal articles) can also be ordered from the library service of the DPMA or from many other libraries.

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Processing time

• We deal with most of the requests for file inspection within 14 days. At present, however, during the introductory phase of the electronic IP case file (ElSA), processing may take longer. Therefore, we recommend that you allow for extra time. More background information on the current processing times for file inspection requests is available here (in German).
• We appreciate your patience when waiting for file inspection. Sometimes it takes a little longer because the file is being used by an examiner or by another division.
  • Frequent enquiries with different units in the DPMA regarding the status of the request for file inspection may cause delay in the supply process.

Periods of record keeping regarding IP case files

• As a rule, inspection of files is possible as along as the application is pending or the IP right is in force.
• Afterwards, the applicable periods of record keeping vary according to the respective type of IP. (Mitteilung des Präsident 02/2001)
  • As a rule, file inspection is also possible during these periods.
• Please note: Files for which the periods of record keeping have expired will be destroyed and can no longer be inspected.

Outlook: online file inspection

For the above mentioned periods of record keeping (Mitteilung des Präsidenten 02/2001), the contents of IP case files for the relevant file numbers will be available to you in DPMAregister at the click of the button "File inspection".

Online file inspection for

• patent and utility model case files will probably be available by early 2012;
• trade mark case files will probably be available by 2013.

© 2013 Deutsches Patent- und Markenamt | 22.02.2013