(1) The provisions of the Act on Service in Administrative Procedures (Verwaltungszustellungsgesetz) shall apply to service in proceedings before the German Patent and Trade Mark Office subject to the following conditions:
1. Service on addressees who are staying abroad and who, contrary to the requirement under section 96, have not appointed a representative in Germany may be effected by posting a registered letter. The same shall apply accordingly to addressees who themselves are representatives in Germany within the meaning of section 96 (2). Section 184 (2) sentences 1 and 4, of the Code of Civil Procedure shall apply accordingly.
2. Section 5 (4) of the Act on Service in Administrative Procedures shall apply accordingly to service on holders of a certificate of representation (section 177 of the Patent Attorney Code [Patentanwaltsordnung]).
3. Service on addresses for whom a post box has been set up at the German Patent and Trade Mark Office may also be effected by depositing the document in the addressee’s post box. A record of the deposit shall be added to the files. A note shall be made on the document of the date when it was deposited. Service shall be deemed to have been effected on the third day following deposit in the post box.
4. Electronic documents shall be served by a transmission route which guarantees the authenticity and integrity of the data and which, when using generally accessible networks, ensures the confidentiality of the data to be transmitted by means of an encryption method. The Federal Ministry of Justice and Consumer Protection shall issue by statutory instrument, not requiring the consent of the Bundesrat, more detailed provisions on the appropriate routes of transmission referred to in sentence 1 as well as on the format of and the documentation proving electronic service.
(2) The provisions of the Code of Civil Procedure shall apply to service in proceedings before the Federal Patent Court.