INFORMATION FROM THE EPO
Notice regarding the Administrative Agreement between the DPMA and the EPO concerning receipt of documents
The German Patent and Trade Mark Office (DPMA) website draws attention to a Federal Patents Court judgment dated 23 November 2004 (11 W (pat) 41/03) finding unlawful the provision in the "Administrative Agreement dated 29 June 1981 between the German Patent Office and the European Patent Office concerning procedure on receipt of documents and payments", as amended on 13 October 1989 (OJ EPO 1981, 381; 1991, 187; BlPMZ (= OJ DPMA) 1981, 278; 1989, 373) stipulating that the date of receipt of documents filed with the EPO but intended for the DPMA is the date on which they were received by the EPO. The headnote of the judgment is available on the court's website http://www.bpatg.de/bpatg/entscheidungen/technik/11041_03.htm; the full text will be published in BlPMZ 4/2005 and can also be consulted in Mitteilungen der deutschen Patentanwälte (monthly journal of German patent attorneys) 3/2005, 119.
As a result of the judgment, the DPMA's receiving office now perforates documents intended for the DPMA, but received and forwarded by the EPO, with the date of their receipt at the DPMA; see http://www.dpma.de/infos/aktuelles/aktuell20051103.html.
The DPMA and EPO are currently discussing how to proceed, including the possibility of setting the Administrative Agreement aside. At least until these talks are concluded, the two offices will continue to exchange mail in accordance with the existing practice based on the Administrative Agreement.
Until further notice, where documents intended for the EPO are received and forwarded by the DPMA, the EPO will continue to regard the DPMA date-stamp as their date of receipt. It will also continue to forward to the DPMA without delay any documents intended for the DPMA which it receives in error.
Applicants are however urgently advised to avoid any receipt-date risks by ensuring that mail is sent to the right office. Under no circumstances should they try to save time or money by deliberately sending it to the wrong one.
A further announcement will be made once the discussions with the DPMA have been completed.