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DPMAdirektPro


a) Provision of the DPMAdirektPro client

    • (1) Data processing

For every message that is sent by the DPMAdirektPro client, the following data will be stored in the log files of our system:

  • IP address
  • Date and time of receipt of the message
  • File transferred
  • Volume of data transferred
  • Whether receipt of message was successful
  • At EAST (electronic receiving unit for applications): data on the public key of the signature certificate of the OSCI message

These data will not be stored together with other personal data of the user.

    • (2) Legal basis

The legal basis for the temporary storage of log files is point (e) of Article 6(1), Article 6(3) of the General Data Protection Regulation in conjunction with Section 3 of the Federal Data Protection Act (Bundesdatenschutzgesetz). The DPMA is responsible for receiving IP applications. To ensure secure electronic filing, it is necessary to temporarily store the log files.

    • (3) Purpose of data processing

The temporary storage of the IP address by the system is necessary so that, in the event of attacks on DPMA systems, the origin of the attacks can be identified promptly and suitable countermeasures can be initiated.

The data are stored in log files to ensure the functioning of the service. In addition, the data are used for the purpose of optimising the service and of ensuring the security of our IT systems. The data are not being analysed for marketing purposes.

    • (4) Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. The duration of storage for the personal data processed in connection with an IP application is governed by an internal order of the German Patent and Trade Mark Office on the storage and destruction of documents, based on guidelines by the German government.

Personal data in the register or in publicly accessible electronic information services of the DPMA are of ongoing interest to the public, which is why they remain published.

    • (5) Option of objection and of removal

The collection of data for the provision of the service and the storage of data in log files is absolutely indispensable for the operation of the DPMAdirektPro service. Therefore, there is no option to object.

    • (6) Rights of the data subject

Information on your rights as data subject is available in section Rights of data subjects.

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b) Cookies

We do not use cookies on the web pages of DPMAdirektPro.

c) Filing of IP applications

    • (1) Data processing

When the electronic IP filing service DPMAdirektPro is used, the following of your personal data will be transmitted to the DPMA:

  • Personal data such as name and address
  • Signature certificates used
  • Encryption certificates provided for encryption
  • Data on representatives before the DPMA
  • Data on the IP right applied for, possible business intentions
  • Data on bank details and/or preferred method of payment

These data can be submitted to the DPMA in strong encryption or also on data carriers. By using the digital signature, the integrity of the data can be verified.

The personal data collected within the scope of the online filing of applications will be stored and processed exclusively in connection with the application filed by you.

When the signature is verified, the validity of the certificate is checked with the issuer of the respective signature card.

Your personal data will be used to the following extent:

  • within the scope of pending procedures before the DPMA or in appeal proceedings
  • for the publication of the IP right in the register
  • for well-founded requests for file inspection (however, certain parts of the case file are excluded, if there is a conflicting legal provision or to the extent that your legitimate interest obviously prevails)
  • in the case of patent applications, for the first publication of the patent applications (Offenlegungsschrift), publication of the patent specifications and publication of the patent gazette (Patentblatt);

in the case of utility model applications, for the publication of the utility model specification;
for the publication of trade mark and design applications

  • within the scope of the supply of data on IP rights and IP applications in electronic form to third parties for purposes of trade mark and design information
  • within the scope of well-founded requests for administrative assistance
  • within the scope of the global exchange of information with other patent and trade mark offices
  • for passing on data to banks for carrying out direct debiting of IP fees
  • in anonymised form for the statistics of the DPMA

Passing on data to third parties for other purposes, particularly for commercial purposes, is excluded.

    • (2) Legal basis

The legal basis for the processing of personal data within the scope of electronic filing of IP applications via DPMAdirektPro is point (e) of Article 6(1), Article 6(3) of the General Data Protection Regulation in conjunction with Section 3 of the Federal Data Protection Act. It is the duty of the DPMA to receive IP applications and to grant, register, administer and publish IP rights, as well as to provide information on existing IP rights.

    • (3) Purpose of data processing

The storage and partially automatic further processing of all data submitted and for all generated meta data at the DPMA is necessary for successfully conducting the online filing procedure.

    • (4) Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. The duration of storage of your personal data processed in connection with an IP application is governed by an internal order of the German Patent and Trade Mark Office on the storage and destruction of documents, based on guidelines by the German government.

Personal data in the register or in publicly accessible electronic information services of the DPMA are of ongoing interest to the public, which is why they remain published.

    • (5) Option of objecting or of removal

The collection of the data is absolutely indispensable for the processing of IP applications. Therefore, no option to object is available to you.

    • (6) Rights of the data subject

Information on your rights as data subject is available in section Rights of data subjects

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Last updated: 20 October 2020