Why do patents cite other patents
Questions about the patent
Pursuant to Section 123 (1) sentence 1 of the Patent Act, the person who, through no fault of his own, was prevented from complying with a deadline vis-à-vis the DPMA or the Federal Patent Court, the failure of which, according to the statutory provisions, results in a legal disadvantage, is to be replaced on request.
For example, the deadline for claiming a foreign priority (Section 41 PatG), the deadline for the application for examination (Section 44 (2) PatG) and the payment deadlines (Section 6 PatKostG) can be reinstated. According to Section 123 (1) sentence 2 of the Patent Act and Section 123a (3) of the Patent Act, certain statutory periods are excluded from reinstatement. These include, for example, the deadline for filing an objection (Section 59 (1) PatG), the 12-month period under Section 40 (1) PatG for filing a subsequent application by the applicant to claim internal priority and the monthly deadline in accordance with Section 123a (2) PatG for a request for further processing.
Successful reinstatement requires an admissible and well-founded request for reinstatement. The precise requirements and deadlines for this are contained in Section 123 PatG. In particular, it is within two months from the point in time at which the payment obstacle has ceased to exist and to submit an application for re-establishment at the latest twelve months from the last day of the payment period and to make up for the omitted act The request for re-establishment must be submitted in writing or electronically and must contain all important information and in particular answer the following questions:
- What deadline was missed and when was it noticed?
- What precautions have been taken to meet the deadline / what happened that the deadline was not met? (This point must be explained in detail. As a rule, no additional reasons can be submitted later.)
- Evidence of the facts giving rise to the claim, e.g. by means of evidence. (These can also be submitted after the two-month application deadline.)
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