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Patent Act

Original Language Title: Patentgesetz

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Patent Act

Unofficial table of contents

PatG

Date of completion: 05.05.1936

Full quote:

" Patent Law, as amended by the Notice of 16 December 1980 (BGBl. 1981 I p. 1), as last amended by Article 204 of the Regulation of 31 August 2015 (BGBl. I p. 1474).

Status: New by Bek. v. 16.12.1980; 1981 I 1;
Last amended by Art. 204 V v. 31.8.2015 I 1474

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1981 + + +) 
(+ + + Official note from the norm-provider on EC law:
Implementation of the
ERL 44/98 (CELEX: 398L0044) G v. 21.1.2005 I 146 + + +)
(+ + + For application d. Section 123 (1) to (5), 7, § § 124, 126 to 128a
cf. § 23 (3) sentence 3 of the German Act of Adoration 2004 + + +)

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Content Summary

Content Summary
First section: The Patent Second Section: PatentamtThird Section: Procedure before the Patent Fourth Section: Patent Court Fifth Section: proceedings before the Patent Court
1.
Appeal procedure
2.
Invalidity and compulsory licensing procedures
3.
Common rules
Sixth section: proceedings before the Federal Court of Justice
1.
Appeal procedures
2.
Appointment procedure
3.
Appeal procedure
4.
Common procedural rules
Seventh Section: Joint Rules of Procedure Section: Proceeds in the procedure Section: Infringements of the Law Tenth Section: Procedure in Patent Disputes Eleventh section: Patent FamilyTwelfth Section: Transitional provisions

First section
The patent

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§ 1

(1) Patents shall be granted for inventions in all fields of technology, provided that they are new, are based on an inventive step and are commercially applicable. (2) Patents shall be granted for inventions within the meaning of paragraph 1, even if they are a product consisting of, or containing, biological material, or where it relates to a process by which biological material is produced or processed or in which it is used. Biological material which is isolated or produced from its natural environment by means of a technical process can also be the subject of an invention if it had already been present in nature. (3) As an invention in the sense of the In particular, paragraph 1 shall not be considered:
1.
Discoveries as well as scientific theories and mathematical methods;
2.
aesthetic levies;
3.
plans, rules and procedures for mental activities, for games or for business activities, as well as programmes for data processing equipment;
4.
the reproduction of information.
(4) Paragraph 3 preclude patentability only to the extent that such protection is sought for the objects or activities referred to. Unofficial table of contents

§ 1a

(1) The human body in the individual phases of its formation and development, including the germ cells, as well as the mere discovery of one of its constituents, including the sequence or partial sequence of a gene, cannot be patentable (2) An isolated component of the human body or a component obtained in some other way by a technical process, including the sequence or partial sequence of a gene, may be a patentable invention, even if the structure of this component is to build a natural (3) The industrial applicability of a sequence or partial sequence of a gene must be described in the application in concretely specifying the function performed by the sequence or sub-sequence. (4) a sequence or partial sequence of a gene whose structure is consistent with the establishment of a natural sequence or partial sequence of a human gene is the use thereof for which the industrial applicability referred to in paragraph 3 is specifically described, to be included in the claim. Unofficial table of contents

§ 2

(1) No patents shall be granted for inventions whose commercial exploitation would be contrary to public order or morality; such an infringement cannot be derived solely from the fact that the exploitation is carried out by: (2) In particular, patents shall not be granted for:
1.
Process for the cloning of human beings;
2.
A method of modifying the genetic identity of the germline of the human being;
3.
the use of human embryos for industrial or commercial purposes;
4.
A method of modifying the genetic identity of animals which are capable of causing the suffering of such animals without any significant medical benefit to humans or animals, and the animals produced by means of such methods.
In the case of the application of points 1 to 3, the relevant provisions of the Embryo Protection Act shall be relevant. Unofficial table of contents

§ 2a

(1) Patents shall not be granted for:
1.
plant varieties and animal breeds, as well as essentially biological processes for the breeding of plants and animals and the plants and animals exclusively obtained by such processes;
2.
A method for the surgical or therapeutic treatment of the human or animal body, and diagnostic methods which are carried out on the human or animal body. This does not apply to products, in particular substances or mixtures of substances, for use in one of the methods mentioned above.
(2) Patents may be granted for inventions,
1.
whose object is to be plants or animals, where the implementation of the invention is not technically limited to a particular plant variety or animal breed;
2.
the subject-matter of a microbiological or other technical process or of a product obtained by such a process, provided that such a product is not a plant variety or a animal breed.
§ 1a (3) applies accordingly. (3) For the purposes of this Act:
1.
"biological material" means a material which contains genetic information and which can reproduce itself or be reproduced in a biological system;
2.
"microbiological procedure" means a process in which microbiological material is used, an intervention is carried out in microbiological material, or microbiological material is produced;
3.
"essentially biological process" means a process for the production of plants or animals, which is based entirely on natural phenomena such as crossing or selection;
4.
"plant variety" means a variety within the meaning of the definition of Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ L 327, 31.12.1994, p. EC No L 227 p. 1), as amended.
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§ 3

(1) An invention shall be deemed to be new if it is not part of the state of the art. The state of the art includes all the knowledge which has been made available to the public before the day of the application by written or oral description, by use or in any other way. (2) The state of the art also applies to the content of the following patent applications with an older time period, which have only been made available to the public on or after the date which is relevant for the time period of the recent application:
1.
of the national applications in the version originally filed with the German Patent Office;
2.
European applications in the version originally filed with the competent authority, if protection is sought after the application for the Federal Republic of Germany, and the designation fee for the Federal Republic of Germany pursuant to Article 79 Article 153 (2) of the European Patent Convention and, if the application is a Euro-PCT application (Article 153 (2) of the European Patent Convention), the European Patent Convention shall be subject to the conditions laid down in Article 153 (5) of the European Patent Convention conditions are met;
3.
the international applications filed under the patent contract in the version originally filed at the registration office, if the German Patent Office is the German Patent Office for the application.
If the earlier period of filing of an application is based on the priority of an advance notification, the first sentence shall be applied only in so far as the text thereafter does not go beyond the version of the prior notification. Patent applications pursuant to the first sentence of the first sentence of the first subparagraph, for which an order has been issued pursuant to Section 50 (1) or (4), shall be deemed to have been made available to the public at the end of the eighteenth month following their submission. (3) Mixtures of substances in the state of the art, their patentability shall not be excluded by paragraphs 1 and 2, provided that they are intended for use in one of the procedures referred to in Article 2a (1) (2) and their application to one of these methods is not part of the state of the art. (4) The patentability of the substances referred to in paragraph 3, or Substances mixtures for specific use in one of the procedures referred to in Article 2a (1) (2) shall be excluded by paragraphs 1 and 2 if this application is not part of the state of the art. (5) For the purposes of paragraphs 1 and 2, a Disclosure of the invention shall be disregarded if it is not earlier than six months before filing of the application and if it is directly or indirectly
1.
an apparent abuse to the detriment of the applicant or his/her legal guerrior, or
2.
the fact that the applicant, or his legal guerrior, presented the invention on official or officially recognised exhibitions in the sense of the Agreement on International Exhibitions signed in Paris on 22 November 1928.
Sentence 1 (2) shall apply only if the notifier, upon filing the application, states that the invention has indeed been presented and that it submits a certificate within four months of the date of submission. The exhibitions referred to in sentence 1 no. 2 are published by the Federal Minister of Justice and Consumer Protection in the Federal Gazette (Bundesanzeiger). Unofficial table of contents

§ 4

An invention is considered to be based on an inventive step if it is not obvious to the person skilled in the art from the state of the art. If the state of the art also includes documents within the meaning of section 3 (2), they shall not be taken into consideration in the assessment of inventive step. Unofficial table of contents

§ 5

An invention shall be considered to be commercially applicable if its object can be manufactured or used in any commercial area, including agriculture. Unofficial table of contents

§ 6

The right to the patent is the inventor or his successor. If several of them have jointly made an invention, they are entitled to the patent in a common manner. If several of the invention have made the invention independent of one another, then the right is granted to the person who has first registered the invention at the Patent Office. Unofficial table of contents

§ 7

(1) In order to ensure that the objective examination of the patent application is not delayed by the inventor's determination, the applicant shall be deemed to have the right to request the grant of the patent in the proceedings before the Patent Office. (2) If a patent is granted on the basis of The opponent may, within one month after the official notification of the opposition, revoke the opposition (Article 21 (1) (3)) of an opposition to the patent, or if the opposition to the patent waives the patent, the opponent can register the invention himself and take the priority of the previous patent. Unofficial table of contents

§ 8

The authorized person whose invention is registered by a non-authorized person or who may be injured by an unlawful removal may require the patent seeker to cede the right to grant of the patent. If the application has already been filed, the patent proprietor may request the transfer of the patent. Subject to sentences 4 and 5, the claim may be invoked only within a period of two years following the publication of the grant of the patent (Section 58 (1)) by a lawsuit. If the injured person has filed an objection for unlawful removal (Section 21 (1) (3)), he may still file the action within one year after the final conclusion of the opposition proceedings. The sentences 3 and 4 shall not apply if the patent proprietor was not in good faith in the acquisition of the patent. Unofficial table of contents

§ 9

The patent has the effect that the patent proprietor alone is empowered to use the patented invention within the scope of the applicable law. It shall be prohibited to any third party without its consent
1.
to manufacture, offer, place on the market or to use it for the said purposes, or to supply it, to be placed on the market, to be placed on the market or to be used for the purposes of the patent;
2.
a procedure which is the subject of the patent application or, where the third party knows, or where it is clear on the basis of the circumstances, that the application of the procedure is prohibited without the consent of the proprietor of the patent, to the application in the scope of application to offer this law;
3.
to offer, place on the market or to own or to own, or to own, the products directly produced by means of a process which is the subject of the patent.
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§ 9a

(1) Where the patent relates to biological material, which is endowed with certain properties, the effects of § 9 shall apply to any biological material which is derived from this biological material by means of additive. or vegetative propagation is obtained in the same or deviant form and is endowed with the same characteristics. (2) The patent relates to a method which makes it possible to obtain biological material which is based on an invention with certain characteristics, the effects of § 9 shall apply to the biological material directly obtained by this process and any other biological material with the same characteristics, which is obtained by additive or vegetative propagation in the same or non-identical form from the directly (3) If the patent relates to a product consisting of or containing genetic information on the basis of an invention, the effects of § 9 shall apply to any material in which the product is incorporated in which the genetic information is contained and in which its function is fulfilled. § 1a (1) remains unaffected. Unofficial table of contents

Section 9b

If the patent proprietor, or with his consent, brings a third biological material, which is endowed with certain characteristics on the basis of the invention, in the territory of a Member State of the European Union or in a Contracting State, of the Agreement on the European Economic Area and shall be derived from this biological material by additive or vegetative propagation of further biological material, the effects of Section 9 shall not occur if the propagation of the biological material of the purpose to which it was placed on the market. This does not apply if the material obtained in this way is subsequently used for a further additive or vegetative propagation. Unofficial table of contents

Section 9c

(1) If plant propagating material is placed on the market by the patent proprietor or with the consent of a third party to a farmer for the purpose of agricultural cultivation, the latter shall be subject to the provisions of § § 9, 9a and 9b sentence 2 Crop material for the additive or vegetative propagation through it itself in its own operation. The conditions and extent of this power shall be governed by Article 14 of Regulation (EC) No 2100/94, as amended, and the implementing rules adopted on the basis of that Regulation. In so far as the patent proprietor is entitled to this, they shall be invoked in accordance with the implementing rules adopted pursuant to Article 14 (3) of Regulation (EC) No 2100/94. (2) Agricultural livestock shall be used, or animal propagating material placed on the market by the patent proprietor or with the consent of a third party to a farmer, the farmer shall be entitled to the farm animals or to the animal propagating material contrary to the provisions of § § 9, 9a and 9b shall use the second sentence for agricultural purposes. This power shall also cover the release of farmed animals or other animal propagating material for the continuation of its agricultural activity, but not on sale with the aim or within the framework of a (3) Paragraph 9a (1) to (3) does not apply to biological material which has been obtained by chance or technically unavoidable in the field of agriculture. Therefore, a farmer may not normally be used if he has grown seed or planting material not subject to this patent protection. Unofficial table of contents

§ 10

(1) The patent also has the effect that it is prohibited to any third party, without the consent of the patent proprietor within the scope of this Act, to other persons entitled to use the patented invention as a means of access to a person who is entitled to a The essential element of the invention relates to the use or supply of the invention within the scope of this Act, where the third party knows, or it is obvious on the basis of the circumstances, that such means are suitable and determined shall be used for the use of the invention. (2) Paragraph 1 shall not apply if: the means are generally commercially available products, unless the third party deliberately causes the supplies to act in a manner prohibited in accordance with Article 9, sentence 2. (3) Persons who do the acts referred to in Article 11 (1) to (3) shall not be deemed to be persons entitled to use the invention within the meaning of paragraph 1. Unofficial table of contents

§ 11

The effect of the patent shall not apply to:
1.
acts carried out in the private sector for non-commercial purposes;
2.
Actions for experimental purposes relating to the subject-matter of the patented invention;
2a.
the use of biological material for the purpose of the breeding, discovery and development of a new plant variety;
2b.
Studies and trials and the consequent practical requirements for obtaining a marketing authorisation for the placing on the market in the European Union or a marketing authorisation in the European Union Member States of the European Union or in third countries are required;
3.
the direct individual preparation of medicinal products in pharmacies by means of a medical prescription and acts concerning the medicinal products prepared in this way;
4.
the use, on board ships of another Member State of the Paris Convention for the Protection of Industrial Property, of the subject of the patented invention in the hull, in the machinery, in the tactic, on the Equipment and other accessories where the vessels are temporarily or accidentally entering the waters covered by the scope of this Act, provided that the subject matter is exclusively for the needs of the vessel is used;
5.
the use of the subject-matter of the patented invention in the construction or operation of the air or land vehicles of another Member State of the Paris Convention for the protection of industrial property or of the accessories of such vehicles, if they are temporarily or accidentally entering the scope of this law;
6.
the provisions of Article 27 of the Convention on International Civil Aviation of 7 December 1944 (BGBl. 411), where such acts relate to an aircraft of another State to which this Article is to be applied.
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§ 12

(1) The effect of the patent does not apply to the person who, at the time of the application, had already taken advantage of the invention in Germany or had made the necessary events for this purpose. This is authorized to take advantage of the invention for the needs of its own operation in own or foreign workshops. The power can only be inherited or sold together with the holding. If the applicant or his right-in-law has communicated the invention to others prior to the notification and has reserved his rights in respect of the case of the grant of a patent, the person who has received the invention as a result of the notification may not be entitled to: (2) If the proprietor of the patent is entitled to a right of priority, the application referred to in paragraph 1 shall be the decisive factor in the application referred to in paragraph 1. However, this does not apply to nationals of a foreign country who do not vouch for reciprocity in so far as they take the priority of a foreign application. Unofficial table of contents

§ 13

(1) The effect of the patent does not occur in so far as the Federal Government arranges that the invention should be used in the interests of public welfare. Furthermore, it does not extend to the use of the invention, which, in the interests of the security of the federal government, is ordered by the competent supreme federal authority or on its behalf by a subordinated body. (2) For the purpose of challenging a The Federal Administrative Court shall be responsible for the arrangement referred to in paragraph 1 if it is taken by the Federal Government or by the competent supreme federal authority. (3) In the cases referred to in paragraph 1, the patent proprietor shall be entitled to an adequate level of protection against the Federal Government. Remuneration. In the event of a dispute, the legal path shall be open before the ordinary courts in the event of a dispute. An order of the Federal Government pursuant to the first sentence of paragraph 1 shall be communicated to the person registered in the register (Section 30 (1)) before use of the invention as the patent proprietor. If the supreme federal authority, from which an order or an order is based in accordance with the second sentence of paragraph 1, becomes aware of the formation of a claim for remuneration in accordance with the first sentence, it shall notify the patent proprietor of that notice. Unofficial table of contents

§ 14

The protective area of the patent and the patent application is determined by the patent claims. However, the description and the drawings are to be used for the interpretation of the claims. Unofficial table of contents

§ 15

(1) The right to the patent, the right to grant of the patent and the right of the patent to go to the heirs. The rights referred to in paragraph 1 may, in whole or in part, be the subject of exclusive or non-exclusive licences for the scope of this Act or a part of the scope of the provisions of the Act. of the same. In so far as a licensee violates a restriction of his licence pursuant to sentence 1, the right of the patent may be asserted against him. (3) A transfer of law or the granting of a licence shall not affect licences issued previously to third parties . Unofficial table of contents

§ 16

The patent lasts for twenty years, beginning with the day following the application of the invention. Unofficial table of contents

§ 16a

(1) The patent may be applied for in accordance with the regulations of the European Communities on the creation of supplementary protection certificates to which reference is made in the Bundesgesetzblatt (Bundesgesetzblatt), a supplementary protection which is to be applied to the expiry of the Patent in accordance with § 16 immediately followed. For supplementary protection, annual fees must be paid. (2) Insofar as the law of the European Communities does not determine anything else, the provisions of this Act concerning the eligibility of the applicant (§ § 6 to 8) shall apply to the effect of the patent and the exceptions (§ § 9 to 12), about the use order and the compulsory license (§ § 13, 24), about the protection area (§ 14), about licenses and their registration (§ § 15, 30), about the erasure of the patent (§ 20), about the nullity (§ 22), about the readiness to license (§ 23), the domestic representative (§ 25), the patent court and the Proceedings before the Patent Court (§ § 65 to 99), on the proceedings before the Federal Court of Justice (§ § 100 to 122a), on the re-establishment of rights (§ 123), on the duty of truth (§ 124), on the electronic document (§ 125a), on the official language, which Deliveries and legal assistance (§ § 126 to 128), on infringements of the law (§ § 139 to 141a, 142a and 142b), on the degree of Klagenconcentration and on the patent litigation (§ § 145 and 146) for supplementary protection in accordance with. (3) Licenses and Statements pursuant to § 23, which are effective for a patent, shall also apply to the supplementary protection. Unofficial table of contents

§ 17

For each application and each patent, an annual fee shall be paid for the third year and each subsequent year, calculated on the date of filing. Unofficial table of contents

§ § 18 and 19 (omitted)

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§ 20

(1) The patent shall be issued if:
1.
the patent proprietor renounced the patent by written declaration to the Patent Office, or
2.
the annual fee or the difference amount is not paid in time (§ 7 para. 1, § 13 para. 3 or § 14 para. 2 and 5 of the Patent Costing Act, § 23 para. 7 sentence 4 of this law).
(2) Only the Patent Office decides on the timeliness of the payment; § § 73 and 100 shall remain unaffected. Unofficial table of contents

Section 21

(1) The patent shall be revoked (Section 61) if it is found that:
1.
the subject-matter of the patent is not patentable in accordance with § § 1 to 5,
2.
the patent does not disclose the invention in such a clear and complete manner that a person skilled in the art can carry out the invention,
3.
the essential content of the patent has been taken from the descriptions, drawings, models, equipment or facilities of another or a method used by the patent without the consent of the patent (unlawful removal),
4.
the subject-matter of the patent extends beyond the content of the application in the version in which it was originally filed at the authority responsible for filing the application; the same shall apply if the patent is filed on a divisional application or a new application submitted in accordance with Section 7 (2) and the subject-matter of the patent exceeds the content of the earlier application as amended in the original application for the submission of the previous application. has been tabled.
(2) In the event of a revocation, only part of the patent shall be maintained, and shall be maintained with a corresponding restriction. The restriction may be made in the form of an amendment to the claims, the description or the drawings. (3) The revocation does not affect the effects of the patent and the application as from the beginning. In the case of limited maintenance, this provision shall be applied accordingly. Unofficial table of contents

Section 22

(1) The patent is annulled upon request (§ 81) if it arises that one of the reasons listed in § 21 (1) has been present or the scope of protection of the patent has been extended. (2) § 21 (2) and (3) shall apply accordingly. Unofficial table of contents

Section 23

(1) The patent applicant or the patent proprietor in the register (Section 30 (1)) states in writing that the patent proprietor is willing to allow any person to use the invention against reasonable remuneration, as the patent proprietor is willing to grant the patent in writing. the patent after receipt of the declaration is due to half the annual fees. The declaration shall be entered in the register and published in the patent document. (2) The declaration shall be inadmissible for as long as a note concerning the granting of an exclusive licence (Section 30 (4)) is entered in the register or a request has been made to: Registration of such a note to the Patent Office. (3) Anyone who wishes to use the invention after registration of the declaration has his intention to indicate to the patent proprietor. The advertisement shall be deemed to have been effected if it has been sent by the task of an registered letter to the representative or representative of the patent (§ 25) registered in the register as patent proprietor or his registered representative. The display should indicate how the invention should be used. After the display is displayed, the indicator is authorized to use in the manner indicated by the display. He is obliged to provide the patent proprietor with information on the use made after the end of each quarter of the calendar year and to pay the remuneration for that purpose. If he does not comply with this obligation, he/she may, as a patent proprietor, set a reasonable grace period for this purpose and, after fruitless expiry, prohibit the continued use of the invention. (4) The remuneration shall be limited to: a written request by a person concerned by the Patent Department. § § 46, 47 and 62 are to be applied accordingly for the procedure. The application may be directed against a number of participants. The Patent Office may arrange for the costs of the fixing procedure to be reimbursed in whole or in part by the defendant in setting the remuneration. (5) After the end of a year since the last fixing, each person concerned may be affected by the If circumstances have now occurred or have become known, which the fixed remuneration seems to have appeared to be unreasonable. (6) If the declaration is made for a notification, the provisions of paragraphs 1 to 5 shall apply accordingly. (7) The declaration may be withdrawn in writing at any time with respect to the Patent Office, as long as the patent proprietor has not yet indicated the intention to use the invention. The withdrawal shall take effect with its submission. The amount to which the renewal fees have been reduced shall be paid within one month of the withdrawal of the declaration. If the difference is not paid within the period of the sentence 3, it may be paid in the event of a delay of a further four months until the end of a period of time. Unofficial table of contents

§ 24

(1) The non-exclusive power for the commercial use of an invention shall be granted by the patent court on a case-by-case basis in accordance with the following provisions (compulsory licence), provided that:
1.
within a reasonable period of time, the licence seeker has made an unsuccessful attempt to obtain the consent of the patent proprietor to use the invention at reasonable commercial terms and conditions; and
2.
the public interest is subject to the issuing of a compulsory licence.
(2) If the licence seeker is unable to exploit an invention protected by a patent with a recent time limit, without infringing the patent with an older time limit, he shall be entitled to grant to the holder of the patent with the earlier senient a compulsory licence, provided that:
1.
the condition set out in paragraph 1 (1) is met; and
2.
Its own invention, in comparison with that of the patent with the older time, has an important technical progress of considerable economic importance.
The patent proprietor may require the licence seeker to grant him a counterlicence on reasonable terms and conditions for the use of the patented invention with the younger senience. (3) Paragraph 2 shall apply accordingly when a plant breeder is In the case of a patented invention in the field of semiconductor technology, a compulsory licence within the scope of paragraph 1 may only be granted if this is the case for a patented invention in the field of semiconductor technology. Redaction of a judicial or administrative procedure anticompetitive practice of the patent proprietor. (5) The patent proprietor does not have the patented invention, or is not predominantly domesticated, so that compulsory licences may be issued under the provisions of paragraph 1 in order to ensure that the patent proprietor is not To ensure the supply of the domestic market with the patented product. The importation shall be equal to the exercise of the patent in the domestic territory. (6) The grant of a compulsory licence to a patent is not permitted until after the grant has been issued. It can be restricted and made subject to conditions. The scope and duration of use shall be limited to the purpose for which it has been authorised. The proprietor of the patent shall be entitled to a remuneration against the holder of the compulsory licence, which shall be appropriate in accordance with the circumstances of the case and shall take into consideration the economic value of the compulsory licence. If, in the case of recurring compensation payments due in the future, a substantial change in the conditions governing the determination of the amount of the remuneration was made, each party concerned shall be entitled to a corresponding one. Adjustment to be required. If the circumstances which underlie the grant of the compulsory licence are no longer required, and if it is unlikely to be re-entered, the patent proprietor may request the withdrawal of the compulsory licence. (7) The compulsory licence of a patent may only be granted together with the The invention relates to a method for evaluating the method of the present invention. The compulsory licence of an invention, which is the subject of a patent with an older age, can only be transferred together with the patent with a recent time. Unofficial table of contents

Section 25

(1) Any person who has neither domided nor registered office in Germany may participate in proceedings before the Patent Office or the Patent Court in accordance with a procedure governed by this law and may only assert the rights of a patent if he/she has a domiitic effect on the territory of the Federal Republic of Germany. A lawyer or a patent attorney appointed as a representative, who is authorized to represent in proceedings before the Patent Office, the Patent Court and in civil disputes concerning the patent, and to the position of criminal proceedings. (2) Nationals of a Member State of the European Union or of another Member State The Contracting State of the Agreement on the European Economic Area may be appointed as a representative within the meaning of paragraph 1 for the purpose of providing a service within the meaning of the Treaty establishing the European Community, if it has the right to , their professional activities are under one of those in the annex to § 1 of the Law on the Activities of European Lawyers in Germany of 9 March 2000 (BGBl. 182) or to § 1 of the Act on the Eligibility Test for Admission to the Patent Attorney's Office of 6 July 1990 (BGBl. 3. The place where a representative referred to in paragraph 1 has its business premises shall be deemed to be the place in which the representative of the representative of the office of the European Union shall be responsible for the purposes of the In the absence of such a business space, the place where the representative is domicated shall be the place of residence and, in the absence of such a place of business, the place where the patent office is situated. (4) The end of the legal business the appointment of a representative referred to in paragraph 1 shall not be effective until such termination as the appointment of another representative to the Patent Office or to the Patent Court is also indicated.

Second section
Patent Office

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Section 26

(1) The German Patent and Trademark Office is an independent federal authority in the division of the Federal Ministry of Justice and Consumer Protection. It has its headquarters in Munich. (2) The Patent Office consists of a President and other members. You must have the competence to the judge's office in accordance with the German Law on Judges (legally qualified members) or in a branch of the technology to be factual (technical members). Members are appointed for a lifetime. (3) As a technical member, it is generally only necessary to recruit those who are in a university, a technical or agricultural university or a mountain academy in a technical university. He/she has passed a public or academic final examination, after which he has worked for at least five years in the field of natural sciences or technology and is in possession of the necessary legal knowledge. Final examinations in another Member State of the European Union or in another Contracting State of the Agreement on the European Economic Area shall be subject to the national final examination in accordance with the law of the European Union (4) If there is an expected time-limited need, the President of the Patent Office may, by means of a member of the person who has requested the training required for the members (paragraphs 2 and 3), be able to Commission Patent Office (auxiliary members). The order may be issued for a certain period of time or for the duration of the need, and is not revocable for so long. The rules on members also apply to the members of the aid. Unofficial table of contents

§ 27

(1) In the Patent Office are formed
1.
Examination centres for the processing of patent applications and for the granting of information on the state of the art (§ 29 para. 3);
2.
Patent departments for all matters concerning the patents granted, for the determination of the remuneration (§ 23 (4) and (6)) and for the approval of the procedural cost assistance in the proceedings before the Patent Office. Within their business district, each patent department is also responsible for issuing opinions (§ 29 (1) and (2)).
(2) The duties of the Examination Office shall be carried out by a technical member of the patent department (examiner). (3) The patent department shall be eligible for a decision on the participation of at least three members, under which the department shall, in the case of In the case of opposition proceedings, two technical members shall be required to take part. If the case presents special legal difficulties and does not include any of the contributors to the right-wing members, the decision shall be accompanied by a right-wing member who is part of the department of the patent. A decision refusing an application for the right of a legal member cannot be challenged on its own. (4) The chairman of the patent department may decide on all matters relating to the grant of a patent, with the exception of the decision-making process. the maintenance, revocation or limitation of the patent as well as the determination of the remuneration (§ 23 para. 4) alone or transfer these duties to a technical member of the department; this does not apply to a hearing. (5) The Federal Ministry of Justice and Consumer Protection is authorized to Regulation of the Law Officials of senior and medium-sized service and comparable employees with the performance of transactions carried out by the examining bodies or departments of the patent and which, in their nature, do not have any special technical or legal difficulties, but excluding the grant of the patent and the rejection of the application for reasons which the applicant has objected to. The Federal Ministry of Justice and Consumer Protection can transfer this authorisation to the German Patent and Trademark Office by means of a legal regulation. (6) For the exclusion and rejection of the examiners and the other members of the § § 41 to 44, 45 para. 2 sentence 2, § § 47 to 49 of the Code of Civil Procedure on exclusion and rejection of the court persons apply analogously to the patent departments. The same shall apply to officials of the upper and medium-sized service and employees, in so far as they have been entrusted, in accordance with paragraph 5, with the performance of individual transactions carried out by the examining bodies or the patent departments. If a decision is required, the request for rejection shall be decided upon by the patent department. (7) The proceedings in the patent departments may be followed by experts who are not members; they shall not be allowed to vote on the votes. participating. Unofficial table of contents

§ 28

The Federal Ministry of Justice and Consumer Protection regulates the establishment and business of the Patent Office and the form of the proceedings in patent matters by means of a decree law which does not require the approval of the Federal Council, as well as the form of the proceedings in patent matters, to the extent that: are not subject to law by law. Unofficial table of contents

§ 29

(1) The Patent Office is obliged, at the request of the courts or the Public Prosecutor's Office, to issue opinions on matters relating to patents if there are divergent opinions of several experts in the proceedings. (2) In the The Federal Ministry of Justice and the Federal Ministry of Justice and the Federal Republic of Germany are not entitled to take decisions or give opinions without the approval of the Federal Minister of Justice and Consumer Protection outside of its legal business district. (3) Consumer protection is authorised to make use of the documentation of the The Patent Office shall, without the consent of the Federal Council, determine to the public, without the consent of the Federal Council, that the Patent Office shall provide information on the state of the art without guarantee for completeness. In particular, it may determine the conditions, the nature and extent of the exchange of information, and the areas of technology for which information can be provided. The Federal Ministry of Justice and Consumer Protection can transfer this authorisation to the German Patent and Trademark Office without the consent of the Federal Council. Unofficial table of contents

§ 30

(1) The Patent Office shall carry out a register, which shall be the name of the patent applications in whose files everyone is granted access, and the granted patents and supplementary protection certificates (§ 16a), as well as the name and place of residence of the applicants or patent holders. and of their representative or representative appointed, for example, in accordance with section 25, where the registration of a representative or of an agent of delivery is sufficient. It also includes the beginning, the expiry, the lapse, the arrangement of the restriction, the revocation, the declaration of invalidity of the patents and supplementary protection certificates (§ 16a), as well as the collection of an opposition and an action for annulment. (2) The The President of the Patent Office may decide that further information shall be entered in the register. (3) The Patent Office shall, in the register, mark a change in the person, on behalf of or in the place of residence of the applicant or patent proprietor and of his representative, and Appointing agents, if it is proved to him. As long as the amendment is not registered, the former applicant, patent proprietor, representative or agent of delivery shall remain entitled and obliged under the conditions laid down in this Act. (4) The Patent Office shall, at the request of the patent proprietor or of the patent proprietor, bear the Licensee shall enter into the register an exclusive licence if the consent of the other part is established. The application in accordance with sentence 1 is inadmissible as long as a readiness to license is declared (§ 23 para. 1). The registration shall be deleted at the request of the patent proprietor or of the licensee. The patent proprietor's request for deletion shall be subject to proof of the consent of the licensee named in the registration or his legal successor. (5) (omitted) Unofficial table of contents

Section 31

(1) The Patent Office shall grant all persons, upon request, access to the files and to the models and test pieces belonging to the files, if and to the extent that a legitimate interest is credibly made. However, the access to the register and the files of patents, including the files of restrictions or revocation proceedings (§ 64), is free of all persons. (2) The access to the files of patent applications is open to everyone.
1.
if the applicant has agreed to the inspection of the file to the Patent Office and has appointed the inventor, or
2.
if, since the filing date (§ 35) or, if an earlier date has been used for the application, eighteen months have elapsed since that date
and a notice pursuant to § 32 (5). (3) Insofar as the insight into the files is open to everyone, the inspection is also free of any person in the models and test pieces belonging to the files. (3a) Insofar as the inspection of the files is (3b) The access to the file referred to in paragraphs 1 to 3a shall be excluded in so far as a piece of law precludes or is contrary to the law of the European Parliament. Worthy interest of the person concerned within the meaning of Section 3 (1) of the German Federal Data Protection Act (4) In the appointment of the inventor (Section 37 (1)), if the inventor specified by the applicant requests it, only the first sentence of the first sentence of paragraph 1 is granted; § 63 (1) sentence 4 and 5 shall apply accordingly. (5) In the case of Patent applications and patents, for which any publication does not apply in accordance with § 50, the Patent Office may grant access only after consultation of the competent top federal authority, if and to the extent that a special interest worthy of protection of the applicant the granting of an inspection must be made available and thereby the risk of a serious It is not to be expected for the external security of the Federal Republic of Germany. If a patent application or a patent in accordance with section 3 (2) sentence 3 is held in a state of the art in a procedure, the part of the file sentence 1 relating to that document shall be applied accordingly. Unofficial table of contents

Section 32

(1) The Patent Office shall publish
1.
the disclosure documents,
2.
the patent specifications and
3.
the patent sheet.
The publication may be made in electronic form. For further processing or use for the purposes of the patent information, the Patent Office may transmit information from the documents referred to in the first sentence to third parties in electronic form. The transmission does not take place if the inspection is excluded (Section 31 (3b)). (2) The laid-open specification contains the documents of the application and the summary (§ 36), which are free of inspection pursuant to section 31 (2) of the present disclosure, in the originally filed or amended by the Patent Office for publication. The patent specification shall not be published if the patent has already been published. (3) The patent specification contains the claims, the description and the drawings on the basis of which the patent has been granted. In addition, the patent specification shall state the state of the art which the Patent Office has considered for the assessment of the patentability of the notified invention (Section 43 (1)). If the abstract (§ 36) has not yet been published, it shall be included in the patent specification. (4) The disclosure or patent specification shall also be published under the conditions of section 31 (2), even if the application is filed (5) The patent document shall contain regular overviews of the Records in the Register, insofar as they are not only the subject of the regular expiry of the patents or the Registration and deletion of exclusive licences, and references to the possibility of access to the files of patent applications. Unofficial table of contents

§ 33

(1) From the publication of the mention in accordance with Article 32 (5) of the present application, the applicant may from the person who used the subject-matter of the application, even though he knew or had to know that the invention he was using was the subject of the application, one after the date of publication. require reasonable compensation; further claims are excluded. (2) The claim shall not exist if the subject-matter of the application is manifestly not patentable. (3) The limitation period shall be governed by the provisions of the Section 5 of Book 1 of the Civil Code corresponding to the application with the Proviso that the limitation period shall not be less than one year after the grant of the patent. § 852 of the Civil Code shall apply in accordance with the provisions of Article 852 of the Civil Code, if the pledge has obtained something by the breach at the expense of the person entitled to the

Third Section
Proceedings before the Patent Office

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Section 34

(1) An invention is to be notified to the Patent Office for the grant of a patent. (2) The application may also be filed through a patent information centre if this body is notified by the Federal Ministry of Justice and the Federal Ministry of Justice. Consumer protection in the Federal Law Gazans is intended to receive patent applications. An application which may contain a state secret (Section 93 of the Criminal Code) must not be filed with a patent information centre. (3) The application must contain:
1.
the name of the declarant;
2.
a request for grant of the patent, in which the invention is short and precise;
3.
one or more claims which indicate what is to be considered as patentable;
4.
a description of the invention;
5.
the drawings to which the claims or the description relate.
(4) The invention shall be clearly and fully disclosed in the application in such a way that a person skilled in the art can perform it. (5) The application may contain only one single invention or a group of inventions which are connected to one another in such a way as to be able to carry out the invention. (6) The Federal Ministry of Justice and Consumer Protection is empowered to adopt, by means of a regulation, provisions on the form and other requirements of the application . This authorisation may be transferred to the German Patent and Trademark Office by means of a legal regulation. (7) At the request of the Patent Office, the applicant shall, in accordance with his best knowledge, fully and truthfully indicate the state of the art and in which he/she shall be responsible for the (8) The Federal Ministry of Justice and Consumer Protection is empowered to adopt, by means of a regulation, provisions on the deposit of biological material, access to it, including access to access to, access to, and access to, and access to, and access to, and access to, authorised persons and the re-deposit of biological material , provided that the invention involves the use of biological material or relates to such material which is not accessible to the public and which cannot be described in the application in such a way that a person skilled in the art will be able to: (paragraph 4). This authorisation may be transferred to the German Patent and Trademark Office by means of a legal regulation. Unofficial table of contents

§ 34a

Where an invention has a biological material of vegetable or animal origin, or if such material is used, the application shall include information on the geographical place of origin of this material, to the extent that it is known. is. The examination of the applications and the validity of the rights on the basis of the granted patents shall remain unaffected by this. Unofficial table of contents

§ 35

(1) The filing date of the patent application is the date on which the documents according to § 34 (3) (1) and (2) and, insofar as they contain, in any case, claims which are to be regarded as a description, according to § 34 para. 3 no. 4
1.
at the Patent Office
2.
or, if it is determined by a notice from the Federal Ministry of Justice and Consumer Protection in the Federal Law Gazans, at a patent information centre
(2) If the application contains a reference to drawings and the application is not accompanied by drawings, or if at least part of a drawing is missing, the Patent Office shall invite the applicant to within a period of time of one month after notification of the request, either the drawings or declare that the reference shall be deemed not to have been made. If the applicant submits to this request the missing drawings or the missing parts, the date of receipt of the drawings or missing parts shall be the filing date of the Patent Office; otherwise, the reference to the drawings shall be deemed to be valid. (3) Paragraph 2 shall apply mutatily to missing parts of the description. Unofficial table of contents

§ 35a

(1) If the application is not or in part not written in German, the applicant has to submit a German translation within a period of three months from the filing of the application. If the German translation is not filed within the time limit, the application shall be deemed to be withdrawn. (2) If the application is in whole or in part written in English or French, the period referred to in the first sentence of paragraph 1 shall be extended to: twelve months. If, instead of the filing date for the application, an earlier date is deemed to be the decisive date, the period after the first sentence shall end at the latest with the expiry of 15 months after that date. (3) If an application is filed for the application in accordance with § 43 Paragraph 1 or Article 44 (1), the Examination Office may invite the applicant to submit a German translation of the application documents before the end of the period referred to in paragraph 2. Unofficial table of contents

§ 36

(1) The application shall be accompanied by a summary which shall continue until the end of fifteen months after the date of filing of the application or, if an earlier date is used for the application, up to the expiry of fifteen months. after that date. (2) The summary shall be used exclusively for technical information. It must contain:
1.
the name of the invention;
2.
a summary of the disclosure contained in the application, indicating the technical field of the invention and intended to provide a clear understanding of the technical problem, its solution and its main use. of the invention;
3.
A drawing mentioned in the short version; a number of drawings are mentioned, the drawing is to be attached which, in the applicant's view, is most clearly marked by the invention.
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Section 37

(1) The applicant shall, within fifteen months of the date of filing of the application, or, if an earlier date is deemed to be eligible for the application, appoint the inventor or inventors within fifteen months of that date. and to assure that further persons of his knowledge are not involved in the invention. If the applicant is not the inventor or not the inventor, he shall also indicate how the right to the patent has been granted to him. The accuracy of the information shall not be verified by the Patent Office. (2) The applicant's power to prove that he is prevented by exceptional circumstances from issuing the declarations required in paragraph 1 in due time shall be subject to the patent appropriate extension of time limits. The time limit cannot be extended beyond the adoption of the decision beyond the grant of the patent. Unofficial table of contents

§ 38

Pending the decision on the grant of the patent, changes to the information contained in the application which do not extend the subject-matter of the application shall be admissible until the request for examination (§ 44) has been received, but only in so far as it is concerned with the application of the patent application. Rectification of obvious inaccuracies in order to eliminate the deficiencies identified by the examining body or to make changes to the patent claim. Rights cannot be derived from changes that extend the subject-matter of the application. Unofficial table of contents

§ 39

(1) The applicant may share the application at any time. The division shall be declared in writing. If the division is declared after the examination request (§ 44) has been filed, the severed part shall be deemed to be the application for which a request for examination has been filed. For each divisional application, the date of the original application and a priority for that purpose shall be maintained. (2) For the severed application, the same fees shall be paid for the period up to the date of the division, which shall be charged for the period until the date of the application. the original application had to be paid. This does not apply to the fee in accordance with the patent costs law for the search in accordance with § 43 if the division has been declared before the position of the examination request (§ 44), unless an application according to § 43 is also filed for the severed application. (3) For the severed application, the application documents required in accordance with § § 34, 35, 35a and 36 shall not be submitted within three months of receipt of the partial declaration or the fees for the severed application shall be submitted is not paid within this period, the declaration of division shall be deemed not to have been made. Unofficial table of contents

§ 40

(1) Within a period of twelve months from the date of filing of an earlier patent or utility model application filed with the Patent Office, the applicant is entitled to a right of priority for the application of the same invention to the patent, unless the applicant is entitled to: (2) The priority of a number of patent applications or utility model applications filed with the Patent Office may be considered as a priority for the application. (3) The priority can only be given for those characteristics of the application (4) The priority may only be claimed within two months of the date of filing of the subsequent application; the The declaration of priority shall not be deemed to have been given until the file number of the earlier application has been indicated. (5) If the earlier application is still pending at the Patent Office, it shall be deemed to be withdrawn with the submission of the priority declaration in accordance with paragraph 4. This does not apply if the previous application relates to a utility model. (6) If the inspection is requested in the file of a subsequent application (§ 31), which takes up the priority of an earlier patent application and utility model application, that takes place Patent office a copy of the earlier patent application or utility model application to the files of the later application. Unofficial table of contents

Section 41

(1) If, according to a State Treaty, the priority of an earlier foreign application of the same invention is claimed, he shall have to take place before the end of the 16. The date of priority shall be given to the date of priority date, country and reference number of the previous application, and to submit a copy of the previous application, as long as this has not already been done. Within the time limit, the information may be changed. If the information is not made in good time, the right of priority for the application will be affected. (2) If the previous foreign application has been filed in a state with which no state contract for the recognition of the priority exists, The applicant may take advantage of a right of priority corresponding to the right of priority under the Paris Convention, to the extent that the Federal Ministry of Justice and Consumer Protection have published a notice in the Federal Law Gazprom of the Federal Republic of Germany. Other State, on the basis of a first application to the Patent Office, a priority right , which, according to the conditions and content, is comparable to the right of priority following the Paris Convention; paragraph 1 shall apply. Unofficial table of contents

§ 42

(1) In the event that the application does not satisfy the requirements of § § 34, 36, 37 and 38, the Examination Office shall invite the applicant to remedy the deficiencies within a specified period. If the application does not comply with the provisions on the form and on the other requirements of the application (§ 34 para. 6), the examination office may, until the beginning of the examination procedure (§ 44), see from the complaint of these defects. (2) Is obviously, that the subject-matter of the application
1.
according to its essence, is not an invention,
2.
is not commercially applicable, or
3.
is excluded from the grant of the patent pursuant to § 2,
The Examination Office shall inform the applicant accordingly, stating the reasons, and shall invite him to submit his comments within a specified period of time. (3) The Examination Office shall reject the application if the deficiencies referred to in paragraph 1 are not , or if the application is maintained, although a patentable invention is manifestly not available (paragraph 2 (1) to (3)). If the refusal is to be based on circumstances which have not yet been communicated to the patent seeker, he shall be given the opportunity to express his views within a specified period. Unofficial table of contents

Section 43

(1) The Patent Office shall, on request, determine the state of the art to be considered for the assessment of the patentability of the notified invention, and shall provisionally assess the protective capacity of the notified invention in accordance with § § 1 to 5 and Whether the application complies with the requirements of § 34 (3) to (5) (search). In so far as the determination of the state of the art has been carried out in whole or in part for certain technical fields (paragraph 8 (1)), the investigation may be carried out in such a way as to: (2) The application can only be filed by the patent applicant. (2) The application may be filed only by the applicant. It must be submitted in writing. § 25 shall be applied accordingly. (3) The receipt of the application shall be published in the Patent Bulletin, but not prior to the publication of the mention in accordance with § 32 (5). Everyone is entitled to provide the Patent Office with information on the state of the art which could be contrary to the grant of a patent. (4) The application shall be deemed not to have been filed if an application has already been filed in accordance with § 44. In this case, the Patent Office shall inform the applicant of the date on which the application pursuant to Section 44 has been received. The fee paid for the search in accordance with § 43 shall be repaid in accordance with the Patent Costing Act. (5) If an application pursuant to paragraph 1 has been received, subsequent applications shall be deemed not to have been filed. (6) If, following a request for research, the Patent Office finds that the application does not comply with the requirement of Section 34 (5), it shall carry out the search for the part of the application which shall apply to: (7) The Patent Office shall inform the applicant of the present invention or group of inventions which are linked to each other in such a way as to achieve a single general inventive idea. The result of the search referred to in paragraph 1, taking into account paragraph 6, without liability for Completeness with (search report). It publishes in the patent sheet that this communication has been issued. An appeal is not available against the search report. If the state of the art has been determined by an intergovernmental body, and the applicant has submitted an application within the meaning of the second sentence of paragraph 1, this shall be stated in the communication. (8) The Federal Ministry of Justice and the Consumer protection is empowered to determine, in order to expedite the grant of the grant of the grant of the grant of a patent, by means of a regulation
1.
the determination of the state of the art, referred to in paragraph 1, of a different body of the patent office than that of the examining body (Article 27 (1)), of another State or of an international body, wholly or in respect of certain subject-matter of the technique or for certain languages, to the extent that such equipment appears to be suitable for the determination of the state of the art to be considered;
2.
the Patent Office shall provide foreign or intergovernmental authorities with information from files of patent applications for mutual information on the outcome of examination procedures and of the state-of-the-art investigations, as far as they are concerned; applications for inventions for which the grant of a patent has also been requested from these foreign or inter-governmental authorities;
3.
The examination of the patent applications in accordance with § 42 as well as the control of the fees and time limits in whole or in part will be transferred to other bodies of the patent office than to the examination offices or patent departments (§ 27 paragraph 1).
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Section 44

(1) The Patent Office shall examine, upon request, whether the application complies with the requirements of § § 34, 37 and 38 and whether the subject-matter of the application is patentable in accordance with § § 1 to 5. (2) The application may be filed by the applicant and any third party, who however does not shall be involved in the examination procedure until the expiry of seven years after the filing of the application. The payment period for the examination fee in accordance with the Patent Costing Act is three months from the due date (Section 3 (1) of the Patent Costing Act). This period shall expire at the latest with the expiry of seven years after the filing of the application. (3) If an application has already been filed pursuant to § 43, the examination procedure shall not begin until after the application in accordance with § 43. If a third party has submitted the request referred to in paragraph 1, the receipt of the application shall be communicated to the applicant. In addition, § 43 (2) sentences 2 and 3, paragraphs 3 and 5 shall apply accordingly. (4) A request made by a third party after the notification to the notifier (paragraph 3, second sentence) shall be deemed to be ineffective, the patent office shall notify this other than the third party. also to the applicant. In the event of the invalidity of the application lodged by a third party, the notifier may, until the expiry of three months from the date of notification of the notification, if that period expires later than the time limit referred to in paragraph 2, even a request . If it does not submit the application, it shall be published in the patent document, referring to the publication of the application submitted by the third party, that the application is ineffective. (5) The examination procedure shall continue even if the request is submitted to: Inspection is withdrawn. In the case referred to in the second sentence of paragraph 4, the procedure shall continue in the state in which it is examined at the time of the application lodged by the applicant. Unofficial table of contents

§ 45

(1) It is not sufficient for the application to comply with the requirements of § § 34, 37 and 38 or if the requirements of § 36 are manifestly not fulfilled, the Examination Office shall request the applicant to remedy the deficiencies within a specified period. Sentence 1 shall not apply to defects which refer to the summary if the summary has already been published. (2) If the Examination Office concludes that a patentable invention according to § § 1 to 5 is not available, then the examination office shall not be subject to the present disclosure. inform the patent seeker thereof, stating the reasons, and asking him to submit his comments within a specified period. Unofficial table of contents

Section 46

(1) The examining body may at any time invite and listen to the parties, hear witnesses, experts and interested parties in an orally or uneitherly manner, as well as to investigate other investigations necessary for the investigation of the matter. Until the decision on the grant is taken, the applicant shall be heard on request. The application must be submitted in writing. If the application is not submitted in the prescribed form, it shall reject the application. The decision, which rejects the application, cannot be challenged on its own. (2) The hearings and the interrogations are to produce a transcript which reflects the essential course of the proceedings and the legal proceedings. Statements by the parties concerned. § § 160a, 162 and 163 of the Code of Civil Procedure shall be applied accordingly. The parties shall receive a copy of the transcript. Unofficial table of contents

§ 47

(1) The decisions of the Examination Office shall be justified in writing, to be completed in writing and to be sent to the parties concerned by the Office. They may also be proclaimed at the end of a hearing; sentence 1 shall remain unaffected. A statement of reasons shall not be required if only the applicant is involved in the proceedings and his application is accepted. (2) The written copy must be accompanied by a statement by which the parties concerned on the complaint, which are against the The decision shall be taken to the place where the complaint is to be filed, on the time limit for appeal and on the appeal fee. The time limit for the appeal (Section 73 (2)) starts only to run if the parties have been informed in writing. If the information is not or is not properly issued, the lodging of the appeal shall be admissible only within one year from the date of the notification of the decision, unless a written notification has been made that a complaint has not been lodged. § 123 shall be applied accordingly. Unofficial table of contents

§ 48

The Examination Office shall reject the application if the deficiencies referred to in § 45 (1) are not remedied or if the examination reveals that a patentable invention according to § § 1 to 5 is not present. Section 42 (3) sentence 2 shall apply. Unofficial table of contents

§ 49

(1) It is sufficient for the application to comply with the requirements of § § 34, 37 and 38. According to § 45 (1), defects of the summary are remedied and if the subject-matter of the application is patentable in accordance with § § § 1 to 5, the Examination Office decides to grant the (2) The decision of grant shall be suspended at the request of the declarant until the expiry of a period of fifteen months from the date of filing of the application to the Patent Office or, if an earlier date is deemed to be relevant for the application, in the case of the application of the patent. Claim is taken at this point in time. Unofficial table of contents

§ 49a

(1) If the patent proprietor is applying for a supplementary protection, the patent department shall examine whether the application complies with the corresponding regulation of the European Communities, as well as the provisions of paragraph 5 and § 16a. (2) these conditions, the Patent Department shall grant the supplementary protection certificate for the duration of its duration. Failing this, it shall invite the applicant to remedy any shortcomings within a period of at least two months to be determined by the applicant. If the deficiencies are not remedied, it shall reject the application by decision. (3) In so far as a Regulation of the European Communities provides for the extension of the duration of a supplementary protection certificate, paragraphs 1 and 2 shall apply. (4) The grant of the patent shall be decided by decision on the applications provided for in Regulations of the European Communities,
1.
to correct the duration of a supplementary protection certificate if the date of the first marketing authorisation in the certificate declaration is incorrect;
2.
to withdraw the extension of the term of a supplementary protection certificate.
(5) § 34 (6) is applicable. § § 46 and 47 shall apply to the proceedings prior to the grant of the patent. Unofficial table of contents

§ 50

(1) If a patent is sought for an invention which is a state secret (Section 93 of the Criminal Code), the Examination Office shall, on its own account, order that each publication shall not be published. The competent top federal authority is to be heard before the order. It may request the adoption of an order. (2) The examining body shall, on its own account or at the request of the competent supreme federal authority, the applicant or the patent proprietor, lift an order in accordance with paragraph 1, if the conditions of such an order are eliminated. . The examining body shall examine at an annual intervals whether the conditions of the arrangement referred to in paragraph 1 persist. The competent supreme federal authority shall be heard before the termination of an order pursuant to paragraph 1. (3) The examining body shall give notice to the party concerned if a decision of the examining body by which an application for the adoption of an order for an order has been issued shall be issued by the examining body. (4) The provisions of paragraphs 1 to 3 shall apply in accordance with an invention, which shall be subject to the application of the provisions of the first paragraph of Article 73 (1) of the European Parliament and of the Council of the European Union. State held secret for defence reasons and with the consent of the Federal Government be entrusted with the obligation to maintain secrecy. Unofficial table of contents

Section 51

The Patent Office has the competent supreme federal authority for examination of the question as to whether any publication pursuant to Section 50 (1) has to be left or whether an order received pursuant to Section 50 (1) is to be repealed. Unofficial table of contents

Section 52

(1) A patent application which contains a state secret (§ 93 of the Criminal Code) may only be filed outside the scope of this law if the competent top federal authority gives written authorisation to do so. The authorisation may be granted subject to conditions. (2) Imprisonment of up to five years or a fine shall be punished, who shall:
1.
, contrary to the first sentence of paragraph 1, a patent application or
2.
of an edition referred to in the second sentence of paragraph 1.
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Section 53

(1) If, within four months since the filing of the invention, the applicant is not served in the patent office in accordance with Section 50 (1), the applicant and any other person who is aware of the invention, if they are in doubt, may be served. whether the secrecy of the invention is necessary (Section 93 of the Criminal Code), assume that the invention does not require secrecy. (2) Can the examination of whether any publication pursuant to Section 50 (1) has to be kept within the scope of the (1), the Patent Office may, by means of a period of time, be Notification to be sent to the notifier within the time limit referred to in paragraph 1 for a maximum period of two months. Unofficial table of contents

§ 54

If a patent has been granted to an application for which an order pursuant to Section 50 (1) has been granted, the patent shall be entered in a special register. Section 31 (5) sentence 1 shall apply mutas to the view of the special register. Unofficial table of contents

§ 55

(1) A notifier, patent proprietor or his successor, who is not responsible for the exploitation of an invention for peaceful purposes pursuant to § § 1 to 5 for peaceful purposes, having regard to an order pursuant to section 50 (1), has to do so because of the result of the Damage to property shall be entitled to compensation against the Federal Government if and to the extent that it cannot be entitled to bear the damage itself. In the event of an assessment of the reasonableness, the economic situation of the injured person, the amount of his expenses for the invention or the acquisition of the rights to the invention, which can be seen in the course of the development of the expenses incurred by him, shall be assessed. The degree of probability of a non-disclosure of the invention as well as of the benefits to which the injured person flows from any other utilization of the invention. The claim can only be asserted after the grant of the patent. The compensation can only be requested in each case and for periods of time which are not shorter than one year. (2) The claim is to be asserted at the competent supreme federal authority. The right of appeal before the ordinary courts is open. (3) Compensation pursuant to paragraph 1 shall only be granted if the first application of the invention is filed with the Patent Office and the invention does not already exist prior to the adoption of an order pursuant to section 50 (1) of the present invention. 1 has been kept secret by a foreign state for defence reasons. Unofficial table of contents

§ 56

The Federal Government is authorized to determine the competent supreme federal authority within the meaning of Section 31 (5) and § § 50 to 55 and 74 (2) by means of a decree law. Unofficial table of contents

Section 57

(dropped) Unofficial table of contents

Section 58

(1) The grant of the patent shall be published in the Patent Bulletin. At the same time, the patent specification is published. With the publication in the patent publication the legal effects of the patent occur. (2) If the application is withdrawn or rejected after the publication of the mention of the possibility of access to the files (§ 32 paragraph 5), or if it is deemed to be withdrawn, the effect shall be deemed not to have occurred in accordance with Section 33 (1). (3) If an application for examination is not filed until the expiry of the period referred to in § 44 (2), a renewal fee to be paid for the application shall not be filed. in due time (Section 7 (1) of the Patent Costing Act), the application shall be deemed to be . Unofficial table of contents

§ 59

(1) Within nine months of the publication of the grant, anyone, in the case of unlawful removal, may object to the patent against only the injured person. The objection shall be declared in writing and justified. It may only be based on the claim that one of the reasons for revocation referred to in Article 21 is present. The facts justifying the objection shall be stated in detail. The information must be submitted in writing, insofar as it is not already contained in the notice of opposition, until the expiry of the opposition period. (2) If a patent has been filed against a patent, any third party who proves that he or she is against him or her A claim for infringement of the patent has been filed, after the expiry of the opposition period, accede to the opposition proceedings as the opponent if he declares accession within three months of the date on which the infringement proceedings have been filed. is. The same shall apply to any third party who proves that, following a request by the proprietor of the patent to refrain from an alleged infringement, he has brought an action against that action for a determination that he does not infringed the patent. The accession shall be declared in writing and shall be justified by the expiry of the period referred to in the first sentence. (3) A hearing shall take place in the opposition proceedings if a party concerned requests it or the patent department considers this to be relevant. The purpose of the charge is to draw the attention of the patent department to the points which it regards as being in need of discussion for the decision to be taken. The hearing, including the proclamation of the decision, shall be public. § 169, second sentence, as well as § § 171b to 175 of the Law on Constitutional Law shall be applied accordingly, with the proviso that the public can be excluded from the hearing at the request of a participant even if they are at risk (4) The Chairman of the Patent Department shall ensure the maintenance of the order in the hearing and shall exercise the right of domestic law in this respect. (5) In addition, § 43 (3) sentence 2 and § § 46 and 47 in accordance with the opposition procedure. Unofficial table of contents

§ 60

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Section 61

(1) The patent department decides by decision whether and to what extent the patent will be maintained or revoked. The proceedings shall be continued by the Office without the opponent if the opposition is withdrawn. (2) By way of derogation from paragraph 1, the Appeal Board of the Federal Patent Court shall decide:
1.
if a party concerned requests this and no other party is in conflict within two months of the notification of the application, or
2.
at the request of only one party, if at least 15 months have elapsed since the expiry of the period of opposition, in the case of a request made since the declaration of accession has been made.
This shall not apply if the patent department has delivered a summons to the hearing or the decision on the objection within three months of receipt of the application for a patent-court decision. In addition, § § 59 to 62, 69 to 71 and 86 to 99 are to be applied accordingly. (3) If the patent is revoked or is only maintained in a limited way, this is published in the Patent Bulletin. (4) If the patent is maintained in a limited way, then the patent Patent specification to be amended accordingly. The amendment to the patent specification shall be published. Unofficial table of contents

Section 62

(1) In the decision pursuant to Section 61 (1), the patent department may determine, at its reasonable discretion, to what extent a person concerned is charged with the costs incurred by a hearing or taking of evidence. The provision may also be made if, in whole or in part, the objection is withdrawn or the patent is dispensed with. The patent department may order that the opposition fee be repaid in whole or in part in accordance with the Patent Costs Act if it corresponds to the equity. (2) In addition to the expenses of the Patent Office, the costs shall include those of the parties concerned. adult costs, insofar as they were necessary for the appropriate safeguarding of the rights and rights. The amount of the costs to be reimbursed shall be fixed at the request of the Patent Office. The provisions of the Code of Civil Procedure on the cost-fixing procedure (§ § 103 to 107) and the enforcement of cost-fixing decisions (§ § 724 to 802) are to be applied accordingly. The complaint shall be replaced by the appeal against the cost-fixing decision; § 73 shall be applied with the proviso that the appeal shall be filed within two weeks. The enforceable copy shall be issued by the official of the office of the Patent Court. Unofficial table of contents

§ 63

(1) The patent application (§ 32 para. 2), the patent specification (Section 32 (3)) and the publication of the grant of the patent (Section 58 (1)) shall be mentioned by the inventor, provided that he has already been named. The mention must be made in the register (Section 30 (1)). It shall not be required if the inventor indicated by the applicant requests it. The application may be revoked at any time; in the case of revocation, the mention shall be made subsequently. (2) If the person of the inventor is incorrect or, in the case of the first sentence of paragraph 1, not specified at all, the patent seeker or patent proprietor as well as the unlawfully appointed person shall be subject to the Inventor undertakes to declare to the Patent Office that the mention provided for in the first sentence of the first and second sentences of paragraph 1 shall be corrected or obtained. The consent is irrevocable. The procedure for granting the patent shall not be held by the imposition of an action for a declaration of consent. (3) The subsequent nomination of the inventor (sentence 4, paragraph 1) shall be published on official documents which have already been published. (4) The Federal Ministry of Justice and Consumer Protection shall be empowered to adopt by means of law provisions for the implementation of the above provisions. This authorisation may be transferred to the German Patent and Trademark Office by means of a legal regulation. Unofficial table of contents

Section 64

(1) The patent may be revoked at the request of the proprietor of the patent or may be limited by amending the claims with retroactive force. (2) The application must be submitted in writing and justified. (3) The application shall decide on the application. Patent department. § 44 (1) and § § 45 to 48 shall apply accordingly. If the patent is revoked, this will be published in the Patent Bulletin. If the patent is limited, the decision which takes place shall be subject to the application of the patent specification of the restriction; the amendment to the patent shall be published.

Fourth Section
Patent Court

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Section 65

(1) For decisions on complaints against decisions of the examination offices or patent departments of the Patent Office as well as on actions for the declaration of the nullity of patents and in compulsory licensing proceedings (§ § 81, 85 and 85a), the patent court will as an independent and independent federal court. It has its seat at the seat of the Patent Office. It is called the "Bundespatentgericht" (Federal Patent Court). (2) The patent court consists of a president, the chairmen of judges and other judges. You must have the competence to the judge's office in accordance with the German Law on Judges (legally qualified members) or in a branch of the technology to be factual (technical members). For the technical members, § 26 para. 3 applies accordingly, with the proviso that they must have passed a state or academic final examination. (3) The judges are appointed by the Federal President at life time, unless in § 71 (4) The President of the Patent Court exercises the administrative supervision of the judges, officials, employees and workers. Unofficial table of contents

Section 66

(1) In the patent court are formed
1.
Senate for the decision on complaints (Appeal rate);
2.
Senate for the decision on claims for declaration of nullity of patents and in compulsory licensing procedures (nullity senates).
(2) The number of senates is determined by the Federal Minister of Justice and Consumer Protection. Unofficial table of contents

Section 67

(1) The Appeals Board shall decide in the occupation with
1.
a right-wing member as a presiding member and two technical members in the cases of § 23 (4) and § 50 (1) and (2);
2.
a technical member as a presiding member, two other technical members, and a legal member in the cases,
a)
where the application has been refused,
b)
in which the opposition has been rejected as inadmissible,
c)
Section 61 (1), first sentence, and section 64 (1),
d)
Section 61 (2) and
e)
§ § 130, 131 and 133;
3.
a right-wing member as a member of the board, another right-wing member and a technical member in the cases of § 31 (5);
4.
three right-wing members in all other cases.
(2) In the cases of § § 84 and 85 (3), the nullity senate decides in the occupation with a right-hand member as a presiding member, another right-wing member and three technical members, in other cases in the occupation with three Judges, among which a right-wing member must be present. Unofficial table of contents

Section 68

In the case of the Patent Court, the provisions of the Second Title of the Law of the Court of Justice shall apply in accordance with:
1.
In cases in which, on the basis of the election result, a right-wing judge would not belong to the Bureau, the right-handed judge is deemed to have reached the highest number of votes by the right-wing members.
2.
A Senate of the Patent Court in the occupation with three right-wing judges decides on the Wahlanferespect (Section 21b (6) of the Judicial Constitution Act).
3.
The permanent representative of the President appores the Federal Minister of Justice and Consumer Protection.
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Section 69

(1) The hearing before the appellants is open to the public, provided that an indication of the possibility of file inspection pursuant to § 32 paragraph 5 or the patent specification has been published in accordance with § 58 (1). § § 171b to 175 of the Law of the Court of Justice shall be applied accordingly, subject to the condition that:
1.
the public can be excluded for the negotiation at the request of a party, even if it makes it possible to endanger the applicant's interests in a more sensitive way,
2.
the public is excluded for the announcement of the decisions until the publication of a reference to the possibility of access to the file pursuant to Section 32 (5) or up to the publication of the patent specification in accordance with § 58 (1).
(2) The proceedings before the nullity senates, including the proclamation of the decisions, shall be public. Paragraph 1, second sentence, No. 1 shall apply. (3) The Chairman shall be responsible for maintaining the order in the meetings of the Senate. Sections 177 to 180, 182 and 183 of the Law of the Judicial Constitution on the seat police apply accordingly. Unofficial table of contents

Section 70

(1) Consultation and voting shall be required for the decision-making in the Senates. In this case, only the legally determined number of members of the Senate may participate. In addition to the members of the Senate appointed for the decision, only those persons employed in the patent court for training may be present in the deliberations and the vote, insofar as the chairman permits their presence. (2) The Senate (3) The members of the Senate vote according to the seniority, with the same seniority after the age of life; the Younger votes before the elder. If a rapporteur is appointed, he will vote first. Most recently, the chairman agrees. Unofficial table of contents

Section 71

(1) In the case of the patent court, judges can be used by order. § 65 (2) sentence 3 shall apply. (2) Judge by order and seconded judges may not lead the chair. Unofficial table of contents

Section 72

In the case of the Patent Court, a place of business shall be established which shall be filled with the necessary number of official documents. The establishment of the office is determined by the Federal Minister of Justice and Consumer Protection.

Fifth Section
Proceedings before the Patent Court

1.
Appeal procedure

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Section 73

(1) The appeal shall be lodged against the decisions of the examining bodies and the patent departments. (2) The appeal shall be filed in writing at the Patent Office within one month of notification. The complaint and all pleadings shall be accompanied by copies for the other parties concerned. The appeal and any pleadings which contain substantive applications or the declaration of withdrawal of the appeal or of an application shall be notified by the other parties to the other parties; other pleadings shall be communicated informally to them, provided that: (3) if the body whose decision is contested is deemed to have justified the complaint, it shall remedy it. It may order that the appeal fee be repaid in accordance with the Patent Costing Act. If the appeal is not remedied, it shall be submitted to the patent court before the end of one month without any factual opinion. (4) If the complainant is opposed to another person in the proceedings, the provision of paragraph 3 shall apply. Sentence 1 not. Unofficial table of contents

Section 74

(1) The appeal is due to the parties involved in the proceedings before the Patent Office. (2) In the cases of § 31 (5) and § 50 (1) and (2), the appeal shall also be submitted to the competent top federal authority. Unofficial table of contents

§ 75

(1) The appeal has suspensive effect. (2) However, the appeal does not have suspensive effect if it is directed against a decision of the examining body through which an order has been issued in accordance with Section 50 (1). Unofficial table of contents

Section 76

The President of the Patent Office may, if he deems it appropriate in order to safeguard the public interest, make a written statement to the Patent Court in the appeal proceedings, attend the dates and make a statement in them. Written declarations by the President of the Patent Office shall be communicated to the parties concerned by the Patent Court. Unofficial table of contents

Section 77

The patent court may, if it considers this to be appropriate on a legal basis, give the President of the Patent Office to accede to the appeal proceedings. Upon receipt of the declaration of accession, the President of the Patent Office shall obtain the position of a person concerned. Unofficial table of contents

Section 78

Oral proceedings shall take place if:
1.
one of the parties concerned is requesting it,
2.
is evidence before the Patent Court (Section 88 (1)) or
3.
the patent court considers them to be relevant.
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§ 79

(1) The appeal shall be decided by decision. (2) If the appeal is not filed or not in the legal form and time limit, it shall be rejected as inadmissible. The decision may be taken without oral proceedings. (3) The patent court may repeal the contested decision without ruling in the case itself if:
1.
the Patent Office has not yet decided on the matter itself,
2.
the procedure before the Patent Office suffers from a substantial deficiency;
3.
any new facts or evidence that are essential to the decision.
The Patent Office shall also base its decision on the legal assessment on which the repeal is based. Unofficial table of contents

§ 80

(1) Where more than one person is involved in the proceedings, the patent court may determine that the costs of the proceedings shall be borne in whole or in part by a party, if this corresponds to the equity. In particular, it may also determine that the costs incurred by the parties concerned, in so far as they were necessary for the appropriate safeguarding of the rights and rights, should be reimbursed in whole or in part by a party. (2) The President of the The patent court may order that the appeal fee be repaid in accordance with the Patent Costs Act. (4) Paragraphs 1 to 3 are to be found in the patent court. if, in whole or in part, the complaint, the application or the objection (5) Furthermore, the provisions of the Code of Civil Procedure on the cost-fixing procedure (§ § 103 to 107) and the enforcement of cost-fixing decisions (§ § 724 to 802) are not required. shall apply accordingly.

2.
Invalidity and compulsory licensing procedures

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§ 81

(1) The procedure for declaring the nullity of the patent or the supplementary protection certificate or the granting or withdrawal of the compulsory licence or the adjustment of the remuneration laid down by the judgment for a compulsory licence shall be carried out by: Action initiated. The action shall be directed against the registered patent proprietor or the holder of the compulsory licence in the register. The action against the supplementary protection certificate can be linked to the action against the underlying patent and can also be based on the fact that an invalidity reason (§ 22) against the underlying patent is available. (2) Application for a statement of the The validity of the patent cannot be levied as long as an objection can still be filed or an opposition proceedings are pending. The application for a declaration of invalidity of the supplementary protection certificate cannot be brought to the extent that applications pursuant to Section 49a (4) may be filed or proceedings are pending for the decision on these applications. (3) In the case of the unlawful Removal is only the person who has been injured in the filing of the action. (4) The action is to be brought before the Patent Court in writing. The application and all pleadings shall be accompanied by copies for the counterparty. The action and all pleadings are to be filed by the counterparty on its own account. (5) The action must refer to the plaintiff, the defendant and the subject of the dispute and shall contain a specific request. The facts and evidence used for the justification shall be indicated. If the action does not fully comply with these requirements, the chairman shall require the applicant to complete the necessary supplement within a specified period of time. (6) Applicants who do not habituate their habitual residence in a Member State the European Union or a State Party to the Agreement on the European Economic Area shall, at the defendant's request, provide security on the basis of the costs of the proceedings; § 110 (2) (1) to (3) of the Code of Civil Procedure shall apply accordingly. The patent court shall determine the amount of the security at its reasonable discretion and shall determine a time limit within which it is to be provided. If the time limit is missed, the action shall be deemed to be withdrawn. Unofficial table of contents

Section 82

(1) The patent court asks the defendant the action and asks him to declare himself within a month. (2) The defendant does not declare himself in time, so that it can be decided immediately after the action without oral proceedings, and in doing so. any fact claimed by the plaintiff shall be deemed to have been proven. (3) In good time, the defendant shall inform the plaintiff of the objection and shall determine the date of the oral proceedings. With the consent of the parties, oral proceedings may be waited. Paragraph 2 shall remain unaffected. Unofficial table of contents

Section 83

(1) In the proceedings for a declaration of invalidity of the patent or of the supplementary protection certificate, the patent court shall, as early as possible, refer the parties to points of view likely to be of particular importance for the decision , or the concentration of the negotiation on the main issues for the decision will be. Such a hint shall not be necessary if the viewpoints to be discussed appear to be obvious after the parties have been given. § 139 of the Code of Civil Procedure shall be applied in addition. (2) The Patent Court may set a time limit for the parties within which they shall be informed in accordance with paragraph 1 by any relevant requests or additions to their provisions and, moreover, by the other parties. to take a position. The time limit may be extended if the party concerned presents significant reasons for this. (3) The powers under paragraphs 1 and 2 may also be exercised by the chairman or a member of the senate to be determined by him. (4) The patent court may apply an attack and defence means of a Party or a change of action or a defence of the defendant with an amended version of the patent, which shall not be brought before the end of a period set for this purpose in accordance with paragraph 2, shall reject and decide without further investigation, if:
1.
the consideration of the new presentation would require postponement of the date already scheduled for oral proceedings; and
2.
the party concerned does not apologize enough for the delay and
3.
the party concerned has been informed of the consequences of a deadline for failure to meet the deadline.
The reason for the apology is to be credible. Unofficial table of contents

Section 84

(1) The action shall be taken by judgment. The admissibility of the action can be decided in advance by an interim judgment. (2) The judgment must also be decided on the costs of the proceedings. The provisions of the Code of Civil Procedure relating to the costs of the proceedings shall be applied in accordance with the provisions of the Code of Civil Procedure relating to the cost-fixing procedure and the rules laid down in the Rules of Procedure of the Civil Procedure Code. Enforcement of cost-fixing decisions shall be subject to the appropriate application. Section 99 (2) shall remain unaffected. Unofficial table of contents

§ 85

(1) In the case of the grant of the compulsory licence, the plaintiff may, at his request, be permitted to use the invention by means of an inversion of the invention if he proves that the conditions of Article 24 (1) to (6) are fulfilled and that: (2) The remission of the inconsents can be made conditional on the applicant's risk of safety, because of the impending disadvantages of the defendant. (3) The patent court decides on the basis of oral proceedings. The provisions of § 82 (3) sentence 2 and § 84 apply accordingly. (4) With the withdrawal or rejection of the action for the grant of the compulsory licence (§ § 81 and 85a) the effect of the restraints shall cease; its cost decision may be if a party requests the amendment within one month of the withdrawal or after the validity of the revocation. (5) If the order of the injunction is unjustified from the beginning, it shall be amended. the applicant is obliged to replace the defendant with the damage which he/she has suffered from the (6) The judgment to which the compulsory licence is awarded may be declared provisionally enforceable on a request against or without a guarantee of security, if that is in the public interest . If the judgment is annulled or amended, the applicant shall be obliged to compensate for the damage caused to the defendant by the enforcement. Unofficial table of contents

Section 85a

(1) The procedures referred to in Article 5 (c), Article 6, Article 10 (8) and Article 16 (1) and (4) of Regulation (EC) No 816/2006 of the European Parliament and of the Council of 17 May 2006 on compulsory licensing of patents in the manufacture of pharmaceutical products for export to countries with problems in the field of public health (OJ C 327, 30.4.2004, p EU No 1) are initiated by legal action in accordance with § 81 (1) sentence 1. (2) § § 81 to 85 shall be applied accordingly, in so far as the procedures are not determined by Regulation (EC) No 816/2006.

3.
Common procedural rules

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§ 86

(1) § § 41 to 44, 47 to 49 of the Code of Civil Procedure shall apply mutamatters to the exclusion and rejection of court persons. (2) The exercise of the Office as a judge shall also rule out the exclusion of
1.
in the appeal proceedings, the person involved in the previous proceedings before the Patent Office;
2.
in the proceedings concerning the declaration of invalidity of the patent, who participated in the proceedings before the Patent Office or the Patent Court on the grant of the patent or the objection.
(3) The Senate, to which the Abgelehnte belongs, decides on the rejection of a Judge. If the Senate is unable to take a decision on the withdrawal of the rejected member, then a court of appeal of the patent court decides in the occupation with three legal members. (4) The Senate decides on the rejection of a document of the court. in the business area of which the matter falls. Unofficial table of contents

Section 87

(1) The patent court shall investigate the facts of its own merits. (2) The Chairman or a member to be determined by him shall have prior to the oral proceedings or, if such a member does not take place, before the decision of the Patent court to take all the orders that are necessary to do the thing as much as possible in oral proceedings or in a meeting. In addition, Section 273 (2), (3), first sentence, and (4) sentence 1 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

Section 88

(1) The patent court exposes evidence at the oral proceedings. It may, in particular, take a look at, hear witnesses, experts and participants, and use documents. (2) The patent court may, in appropriate cases, already be appointed before the oral proceedings by one of its members (3) The parties are notified of all evidence and can attend to the taking of evidence. They may address relevant questions to witnesses and experts. If a question is objected to, the patent court decides. Unofficial table of contents

§ 89

(1) As soon as the date of the oral proceedings is determined, the parties concerned shall be charged with a charge period of at least two weeks. In cases of urgency, the chairman may reduce the time limit. (2) In the case of cargo, it should be pointed out that the absence of a participant can also be negotiated and decided without him. Unofficial table of contents

§ 90

(1) The chairman shall open and initiate the oral proceedings. (2) The chairman or the rapporteur shall, after having called up the matter, present the essential content of the files. (3) In order to submit their applications, the parties shall have the floor. and to justify it. Unofficial table of contents

Section 91

(1) The Chairman shall, in fact and legally, discuss the matter with the parties concerned. (2) The Chairman shall allow any member of the Senate, upon request, to ask questions. If a question is contested, the Senate decides. (3) After discussion of the matter, the Chairman shall declare the oral proceedings closed. The Senate may decide to reopen. Unofficial table of contents

§ 92

(1) For oral proceedings and for any taking of evidence, a document official shall be assigned to the office as a writer. If, on the basis of the chairman's order, the author is to be confisled, a judge will be worried about the minutes. (2) A record shall be recorded on the oral proceedings and any evidence of evidence. § § 160 to 165 of the Code of Civil Procedure shall be applied accordingly. Unofficial table of contents

Section 93

(1) The patent court shall decide on its free conviction, obtained from the overall result of the proceedings. (2) The decision may only be based on facts and evidence of evidence to which the parties have been able to express their views. (3) Is an oral decision to the effect that the decision must be taken as a result of the decision. A judge who was not present at the last oral proceedings can only take part in the decision-making process if the parties agree to the decision. Unofficial table of contents

Section 94

(1) The final decisions of the Patent Court shall be announced in the date when the oral proceedings have been held or in an immediately scheduled date if an oral hearing has taken place. This should only be applied for more than three weeks if important reasons, in particular the extent or difficulty of the matter, require this. The final decisions shall be notified to the parties concerned by its own motion. The delivery of the final decision shall be admissible instead of the delivery. If the patent court decides without oral proceedings, the proclamation shall be replaced by service to the parties concerned. (2) The decisions of the patent court, by which an application is rejected or decided on an appeal, are for the reasons. Unofficial table of contents

§ 95

(1) Write errors, calculation errors and similar obvious inaccuracies in the decision are to be corrected at any time by the Patent Court. (2) The correction can be decided without prior oral proceedings. The amending decision shall be recorded on the decision and on the basis of the copies. Unofficial table of contents

§ 96

(1) If the facts of the decision include any other inaccuracies or ambiguities, the correction may be requested within two weeks of the notification of the decision. (2) The patent court shall decide without taking any evidence Decision. Only the judges who have participated in the decision whose correction has been requested shall have the effect of acting. The amending decision shall be recorded on the decision and on the basis of the copies. Unofficial table of contents

Section 97

(1) The parties may, before the patent court, lead the legal dispute itself. § 25 shall remain unaffected. (2) The parties may be represented by an attorney or patent attorney as authorized representative. In addition, as authorized agents, the patent court only has the power to represent
1.
Employees of the person concerned or of a company affiliated with him (Article 15 of the German Stock Corporation Act); public authorities and legal persons under public law, including those formed by them for the performance of their public duties Concentrations may also be represented by employees of other authorities or legal persons under public law, including the concentrations which they have formed to fulfil their public functions,
2.
full-year members of the family (§ 15 of the German Code of Arbitration, § 11 of the Life Partnership Act), persons with competence to the judge's office and contentions if the representation is not related to a fee.
Agents who are not natural persons shall act by their institutions and representatives of the process representative. (3) The Court of First Instance has authorized agents who are not authorized to represent them in accordance with the provisions of paragraph 2 of this Article, by indisputable Decision back. Acts of a non-representative authorised representative and of any delivery or communications to such agents shall take effect until such time as they are rejected. The Court of First Instance may, by means of an indisputable decision, prohibit the further representation of the agent referred to in the second sentence of paragraph 2 if they are not in a position to present the matter in accordance with the law. (4) Judges shall not be entitled to (5) The power of attorney must be submitted in writing to the court records. The patent court may determine a period of time for this purpose. (6) The defect of the power of atonation can be asserted in any state of the proceedings. The patent court has to take into account the defect of the power of attorney, if not a lawyer or a patent attorney, acting as a proxy. Unofficial table of contents

Section 98

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§ 99

(1) In so far as this law does not contain provisions relating to proceedings before the patent court, the Law of the Court and the Code of Civil Procedure shall be applied accordingly if the particularities of the proceedings before the Patent Court do not (2) A challenge to the decisions of the patent court is to take place only in so far as this law permits it. (3) For the granting of access to the file to third persons, § 31 shall apply accordingly. The patent court decides on the application. Access to the files of proceedings for explanation of the validity of the patent shall not be granted if and to the extent that the proprietor of the patent does not represent an interest in the contrary. (4) Section 227 (3) sentence 1 of the Code of Civil Procedure is not ,

Sixth Section
Proceedings before the Bundesgerichtshof

1.
Appeal procedures

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§ 100

(1) The decisions of the Appellate Appeal of the Patent Court, which decide on a complaint pursuant to Section 73 or on the maintenance or revocation of a patent pursuant to Section 61 (2), shall be subject to the legal complaint to the Court of Appeal. Federal Court of Appeal, if the appeal court has allowed the appeal in the decision. (2) The appeal is to be allowed if:
3.
a legal matter of fundamental importance must be decided or
2.
requires the further training of the law or the assurance of a uniform case-law of a decision of the Federal Court of Justice.
(3) An admission to the filing of the appeal against decisions of the case of appeal of the patent court is not necessary if one of the following defects of the procedure is present and is rumors:
1.
if the court decided not to have been filled in accordance with the rules,
2.
if a judge has participated in the decision which has been excluded from the exercise of the Judge's Office by law or was rejected for concern with success,
3.
if a party had failed to hear the legal hearing,
4.
if a party was not represented in the proceedings in accordance with the provisions of the law, unless he expressly or implicitly consented to the conduct of the proceedings,
5.
if the decision has been taken on the basis of oral proceedings in which the provisions relating to the public have been infringed, or
6.
if the decision is not reasoned.
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§ 101

(1) The appeal shall be based on the parties to the appeal proceedings. (2) The appeal may only be based on the fact that the decision is based on an infringement of the law. § § 546 and 547 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

Section 102

(1) The appeal shall be submitted in writing within one month after the date of notification of the decision to the Federal Court of Justice. (2) The provisions of Section 144 shall apply in the case of appeal proceedings before the Federal Court of Justice. Determination of the Dispute Settlement (3) The legal complaint must be justified. The time limit for the justification shall be one month; it shall begin with the filing of the appeal and may, upon request, be extended by the chairman. (4) The statement of reasons for the appeal must contain
1.
the statement of the extent to which the decision is challenged and its amendment or repeal is requested;
2.
the name of the injured legal standard;
3.
In so far as the legal complaint is based on the fact that the law is infringed in relation to the proceedings, the name of the facts which result in the defect.
(5) In the case of the Federal Court of Justice, the parties must be represented by a lawyer admitted to the Federal Court of Justice as their authorised representative. At the request of a party, his patent attorney shall be allowed to speak. Section 143 (3) shall apply accordingly. Unofficial table of contents

Section 103

The legal complaint has suspensive effect. Section 75 (2) shall apply accordingly. Unofficial table of contents

Section 104

The Bundesgerichtshof (Federal Court of Justice) has on its own account to examine whether the legal complaint is in itself and whether it is filed and justified in the legal form and time limit. If there is a lack of one of these requirements, the legal complaint shall be rejected as inadmissible. Unofficial table of contents

Section 105

(1) Where more than one person is involved in the proceedings relating to the appeal, the notice of appeal and the statement of grounds of appeal shall be notified to the other parties by the request, if any statements have been made within a specified time-limit. Delivery to the Federal Court of Justice in writing. The notification of the notice of appeal shall be notified to the date in which the appeal is lodged. The required number of certified copies shall be submitted by the appellant with the notice of appeal or the statement of grounds of appeal. (2) If the President of the Patent Office is not involved in the proceedings relating to the legal complaint, § 76 shall apply accordingly. Unofficial table of contents

Section 106

(1) In the proceedings relating to the legal complaint, the provisions of the Code of Civil Procedure shall apply to the exclusion and rejection of the court persons, to the agents and advisers of the court, to the assignment of office, to charges, to appointments and to Deadlines and re-establishment of rights in accordance with the previous state. In the event of reinstatation to the previous stand, Section 123 (5) to (7) shall apply. (2) In the case of the public of the proceedings, § 69 (1) shall apply accordingly. Unofficial table of contents

Section 107

(1) The decision on the appeal shall be made by decision; it may be taken without oral proceedings. (2) The Federal Court of Justice shall, in its decision, be in accordance with the actual findings made in the contested decision. (3) The decision shall be justified and shall be notified to the parties of its own motion by the reasons of the decision. Unofficial table of contents

Section 108

(1) In the event of the annulment of the contested decision, the matter shall be referred back to the patent court for the other time and the decision. (2) The patent court also has the legal assessment on which the annulment is based, including: of its decision. Unofficial table of contents

§ 109

(1) Where more than one person is involved in the proceedings relating to the legal complaint, the Bundesgerichtshof may determine that the costs which were necessary for the appropriate execution of the matter shall be borne by a party wholly or partly , if this corresponds to the equity. If the legal complaint is rejected or rejected as inadmissible, the costs incurred by the legal complaint shall be borne by the complainant. (2) The President of the Patent Office may be subject to charges only if he has lodged an appeal or has filed applications in the proceedings. (3) In the case of the President of the Patent Office, the costs are to be paid. The provisions of the Code of Civil Procedure relating to the procedure for the fixing of costs and the enforcement of cost-fixing decisions shall apply mutatily to the provisions of the Code of Civil Procedure.

2.
Appointment procedure

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§ 110

(1) The appeal to the Federal Court of Justice shall be brought against the judgments of the annulment of the patent court (§ 84). (2) The appeal shall be filed by the Federal Court of Justice by filing the appeal. (3) The appeal period shall be one Month. It shall begin with the delivery of the judgment in full form, but at the latest with the expiry of five months from the date of delivery. (4) The appellate's address must contain:
1.
the designation of the judgment against which the appeal is addressed;
2.
the declaration that an appeal is being appealed against that judgment.
(5) The general provisions of the Code of Civil Procedure on preparatory documents shall also apply to the appellant's appeal. (6) The appellant shall submit a copy or a certified copy of the judgment under appeal. (7) Decisions of the Annulment Senate are to be challenged only together with their judgments (§ 84); § 71 (3) of the Code of Civil Procedure is not applicable. (8) § § 515, 516 and 521 (1) and (2) sentence 1 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

Section 111

(1) The appeal can only be based on the fact that the decision of the patent court is based on the violation of federal law or, in accordance with § 117 underlying facts, warrant a different decision. (2) The right is violated if a legal standard has not been applied or has not been properly applied. (3) A decision must always be considered to be based on a violation of the law,
1.
if the patent court had not been properly staffed;
2.
in the case of a decision taken by a judge who was excluded from the exercise of the right of judge by law, unless that obstacle is claimed without success by means of a request for refusal;
3.
if a judge took part in the decision, although he was rejected for concern about the partiality and the request for rejection was declared well founded;
4.
if a party was not represented in the proceedings in accordance with the law, provided that it did not explicitly or implicitly approve the process;
5.
if the decision has been taken on the basis of oral proceedings in which the provisions relating to the public of the proceedings are violated;
6.
if the decision is not provided for reasons contrary to the provisions of the law.
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Section 112

(1) The appellant must give reasons for the appeal. (2) If the appellant is not already included in the appellate, the appellant is to be submitted to the Federal Court of Justice in a written document. The time limit for the appointment of the appeal shall be three months. It shall begin with the delivery of the judgment in full form, but at the latest with the expiry of five months after the delivery. The time limit may be extended upon request by the chairman, if the opponent agrees. Without consent, the time limit may be extended by up to one month if, in the absence of a clear conviction, the chairman of the lawsuit is not delayed by the extension, or if the appellant is presenting significant reasons. If, within this period, the appellant cannot be granted access to the process files for a reasonable period of time, the chairman may, upon request, extend the time limit by up to two months after the transfer of the proceedings. (3) The grounds for appeal must include:
1.
the explanation of the extent to which the judgment is appealed and the annulment of which is requested (applications for appeal);
2.
an indication of the grounds for appeal, namely:
a)
the description of the circumstances in which the infringement is based;
b)
in so far as the appeal is based on the fact that the law is infringed with respect to the proceedings, the name of the facts which result in the defect;
c)
the designation of new means of attack and defence as well as the facts on the basis of which the new means of attack and defence pursuant to Section 117 are to be permitted.
(4) § 110 (5) shall apply mutatis-ly to the appellate grounds. Unofficial table of contents

Section 113

Before the Federal Court of Justice, the parties must be represented by a lawyer or a patent attorney as an authorized representative. The plenipotentiary shall be permitted to appear with a technical assistance. Unofficial table of contents

Section 114

(1) The Federal Court of Justice shall examine, on its own account, whether the appeal is in itself and whether it is filed and justified in the legal form and time limit. (2) The decision may be taken by decision. (3) If the appeal is not rejected by a decision as inadmissible, the date of the oral proceedings shall be: (4) § 525 of the Code of Civil Procedure shall apply accordingly. § § 348 to 350 of the Code of Civil Procedure are not to be applied. Unofficial table of contents

§ 115

(1) The appellant may be adjoined by the appeal. The resolution is also permitted if the appellant has waived the appeal or has passed the appeal period. (2) The resolution shall be made by filing the appellant's appellate in the Federal Court of Justice and is up to the date of the application. Declare the expiry of two months from the date of notification of the grounds for appeal. If the appellant has set a deadline for revocation of the appeal, the closing date shall be admissible until the expiry of this period. (3) The connection profession must be justified in the connection address. Section 110 (4), (5) and (8) and section 112 (3) shall apply accordingly. (4) The closure shall lose its effect if the appeal is withdrawn or rejected. Unofficial table of contents

Section 116

(1) The examination of the Federal Court of Justice shall be subject only to the requests made by the parties. (2) A plea change and in the proceedings for declaring the nullity of the patent or the supplementary protection certificate a defence with a the amended version of the patent shall be admissible only if:
1.
the opponent agrees or the Bundesgerichtshof considers the application change to be relevant and
2.
the amended claims can be based on facts on which the Federal Court of Justice has to base its proceedings and decision on the appeal pursuant to Section 117.
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Section 117

§ § 529, 530 and 531 of the Code of Civil Procedure are to be applied in accordance with the scope of the appeal of the Court of Appeal, the late-filed, the rejected and the new means of attack and defence. In this connection, § 520 of the Code of Civil Procedure of § 112 is replaced. Unofficial table of contents

Section 118

(1) The judgment of the Federal Court of Justice shall be delivered at the basis of oral proceedings. (2) The period of charge shall be at least two weeks. (3) Apart from the oral proceedings, the following may be accepted:
1.
the parties agree or
2.
is to be decided only at the cost.
(4) In the event that a party does not appear in the date, it can be negotiated without it and decided by a contested judgment. If none of the parties appears, the verdict will be issued on the basis of the files. Unofficial table of contents

§ 119

(1) Although the reasoning of the judgment under appeal is a violation of the law, the decision itself, however, is deemed to be correct for other reasons, the appeal shall be rejected. (2) Into the extent that the appeal is deemed to be well founded, the Court of First instance shall repeal the judgment under appeal. If the judgment is annulled on account of a lack of the proceedings, the proceedings shall at the same time be repealed in so far as it is affected by the defect. (3) In the event of the annulment of the judgment, the case shall be referred to the new negotiation and decision to the Refer back to the Patent Court. The patent court has the right to base its decision on the legal assessment which is the basis for the annulment. (5) The Federal Court of Justice can do so in the case of the Court of Justice. (5) The Federal Court of Justice can decide for themselves, if this is relevant. He himself has to decide when the matter is ready for final decision. Unofficial table of contents

§ 120

The decision does not need to be justified in so far as the Federal Court of Justice does not consider Rügen to be able to understand procedural shortcomings. This does not apply to Rügen in accordance with Section 111 (3). Unofficial table of contents

Section 121

(1) In the proceedings before the Federal Court of Justice, the provisions of Section 144 on the Dispute Settlement shall apply. (2) The judgment shall also be used to determine the costs of the proceedings. The provisions of the Code of Civil Procedure relating to processing costs (§ § 91 to 101) must be applied accordingly, unless the equity requires a different decision; the provisions of the Civil Procedure Code on the cost-fixing procedure (§ § § § § § § § § § § § § § § § § § § § § § § § § § 103 to 107) and the enforcement of cost-fixing decisions (§ § 724 to 802) must be applied accordingly.

3.
Appeal procedure

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§ 122

(1) The appeal to the Federal Court of Justice against the judgments of the nullity senates of the Patent Court on the issue of injunctions in the proceedings for the granting of a compulsory licence (§ § 85 and 85a) is to be lodged. Section 110 (7) shall apply. (2) The appeal shall be filed in writing before the Federal Court of Justice within one month. (3) The notice of appeal shall begin with the delivery of the judgment in full form, but at the latest with the expiry of five months after the date of delivery. (4) For the proceedings before the Federal Court of Justice, § 74 (1), § 84, 110 to 121 apply accordingly.

4.
Common procedural rules

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§ 122a

The proceedings of the party complained of by the decision shall continue the proceedings if the court has infringed the right of that party to be heard in a substantial manner in a decision-making manner. The complaint does not take place against a decision which precede the final decision. Section 321a (2) to (5) of the Code of Civil Procedure shall be applied accordingly.

Seventh Section
Common rules

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§ 123

(1) Those who have been prevented from complying with the patent office or the patent court without any fault in relation to a period of time whose failure to comply with the law has the effect of a legal disadvantage shall be reinstated upon request. This shall not apply to the time limit
1.
for the collection of the opposition (Section 59 (1)) and payment of the opposition fee (Section 6 (1) sentence 1 of the Patent CostLaw),
2.
for the opponent to file the appeal against the maintenance of the patent (Section 73 (2)) and for the payment of the appeal fee (Section 6 (1) sentence 1 of the Patent Costing Act) and
3.
for the submission of applications for which a priority may be claimed in accordance with § 7 (2) and § 40.
(2) The re-establishment must be requested in writing within two months of the removal of the obstacle. The application must contain information on the facts which give rise to the reinstatement of the application, which shall be made credible in the application or in the proceedings on the application. Within the period of application, the omitted act must be recovered; if this is done, reinstatment can be granted even without a request. One year after the expiry of the missed period, the reinstatment can no longer be requested and the omitted act can no longer be obtained. (3) The application shall decide on the application to decide on the action to be taken. (4) The Reinstatment is indisputable. (5) Those who, in good faith in the country, take the subject of a patent which enters into force again as a result of the re-establishment, in the period between the erasure and the re-entry of the patent in use or during that period the necessary events have been taken, shall be entitled to: To continue to use the subject matter of the patent for the needs of its own company in own or foreign workshops. This power can only be inherited or sold together with the holding. (6) Paragraph 5 shall apply accordingly if the effect of Article 33 (1) arises as a result of the re-establishment. (7) A right under paragraph 5 shall also apply. the person who, in good faith in the country, has the subject of an application which, as a result of reinstatation, takes up the priority of an earlier foreign application (§ 41), in the period between the expiry of the period of twelve months and the re-entry into use of the right of priority, or in that time the has taken the necessary events.

Footnote

(+ + + For application d. Section 123 (1) to (5), 7 § 23 (3) sentence 3 of the German Act of Adoration 2004 + + +) Unofficial table of contents

Section 123a

(1) If, after a period specified by the Patent Office has been refused, the patent application has been rejected, the decision shall be rendered ineffective without the need for its express waiver if the applicant requests the further processing of the application. (2) The application must be submitted within one month of the date of notification of the decision refusing the patent application. The omitted act must be recovered within this period of time. (3) A reinstatement is not necessary against the failure of the period referred to in paragraph 2 and the time limit for payment of the further treatment fee pursuant to § 6 (1) sentence 1 of the Patent Costing Act (Patent CostLaw). (4) The application shall decide on the act to be taken on the action to be taken. Unofficial table of contents

Section 124

In the proceedings before the Patent Office, the Patent Court and the Federal Court of Justice, the parties have to submit their statements on actual circumstances in full and in accordance with the truth.

Footnote

(+ + + For application d. § 124 cf. § 23 (3) sentence 3 of the German Act of Adoration 2004 + + +) Unofficial table of contents

§ 125

(1) If the objection or the action for a declaration of invalidity of the patent is based on the claim that the subject-matter of the patent is not patentable in accordance with § 3, the patent office or the patent court may require that the original documents, The documents referred to in the patent application or in the patent court, which do not exist in the Patent Office and in the Patent Court, in one piece for the Patent Office or the Patent Court and for the documents referred to in the proceedings, shall be certified or certified. (2) Prints in foreign languages shall be submitted at the request of the Patent Office or to the patent court to provide simple or certified translations. Unofficial table of contents

Section 125a

(1) Insofar as the written form is provided for in proceedings before the Patent Office for applications, applications or other acts, the provisions of § 130a (1) sentence 1 and 3 as well as (3) of the Code of Civil Procedure shall apply. (2) The process files of the Patent courts and the Federal Court of Justice can be conducted electronically. The provisions of the Code of Civil Procedure relating to electronic documents, the electronic file and the electronic procedure in the rest shall apply accordingly, unless otherwise provided by this law. (3) The Federal Ministry of Justice and for consumer protection by means of a regulation without the consent of the Federal Council
1.
the date from which electronic documents may be submitted to the Patent Office and the courts, the form appropriate for the processing of documents, whether an electronic signature is to be used and how this signature is obtained;
2.
the date from which the process files referred to in paragraph 2 may be conducted electronically, as well as the organisational and technical framework conditions applicable to the formation, management and storage of electronic process files.
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§ 126

The language in front of the Patent Office and the Patent Court is German, unless otherwise specified. Moreover, the provisions of the Law on the Court of Justice shall apply.

Footnote

(+ + + For application d. § 126 cf. § 23 (3) sentence 3 of the German Act of Adoration 2004 + + +) Unofficial table of contents

§ 127

(1) For deliveries in the proceedings before the Patent Office, the provisions of the Administrative Appointing Act shall apply with the following measures:
1.
If the acceptance of the service is refused by registered letter without any legal reason, the service shall be deemed to have been effected.
2.
Recipients who are staying abroad and who have not appointed a national representative against the requirement of § 25 may be sent to the post office with written letter. The same shall apply to recipients who are themselves domestic representatives within the meaning of section 25 (2). Section 184 (2) sentences 1 and 4 of the Code of Civil Procedure shall apply accordingly.
3.
§ 5 (4) of the Administrative Appointing Act is to be applied in accordance with the provisions of Section 177 of the Patent Law of the Patent Act.
4.
The receiver, which has been set up a pick-up compartment during the patent office, can also be delivered in that the document is deposited in the pick-off compartment of the receiver. A written communication on the files shall be given on the deposit. The document shall state when it has been laid down. Delivery shall be deemed to have been effected on the third day after the deposit in the collection compartment.
5.
(dropped)
(2) The provisions of the Code of Civil Procedure shall apply to deliveries in the proceedings before the Federal Patent Court.

Footnote

(+ + + For application d. § 127 cf. § 23 (3) sentence 3 of the German Act of Adoration 2004 + + +) Unofficial table of contents

§ 128

(1) The courts shall be obliged to provide legal assistance to the Patent Office and the Patent Court. (2) In proceedings before the Patent Office, the Patent Court shall appeal to witnesses or experts who do not appear or to have their own resources available to the patent court. To refuse to testify or to insult, at the request of the Patent Office. Similarly, the performance of a non-published witness shall be ordered. (3) The appeal referred to in paragraph 2 shall be decided by a court of appeal of the patent court in the occupation with three members of the right-wing. The decision shall be taken by decision.

Footnote

(+ + + For application d. § 128 cf. § 23 (3) sentence 3 of the German Act of Adoration 2004 + + +) Unofficial table of contents

§ 128a

Witnesses receive compensation and experts remuneration in accordance with the law on the compensation and compensation of justice.

Footnote

(+ + + For application d. § 128a cf. § 23 (3) sentence 3 of the German Act of Adoration 2004 + + +) Unofficial table of contents

§ 128b

The provisions of the seventeenth title of the Judith Constitutional Law shall apply accordingly to proceedings before the Patent Court and the Federal Court of Justice.

Eighth section
Procedural Cost Aid

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Section 129

In proceedings before the Patent Office, the Patent Court and the Federal Court of Justice, a party shall receive procedural aid in accordance with the provisions of § § 130 to 138. Unofficial table of contents

§ 130

(1) In the procedure for the grant of the patent, the applicant receives procedural aid on application, subject to the appropriate application of § § 114 to 116 of the Code of Civil Procedure, if there is sufficient prospect of granting the patent. At the request of the applicant or the patent proprietor, procedural aid may also be granted for the renewal fees in accordance with § 17. The payments shall be made to the Bundeskasse. (2) The authorization of the legal aid shall ensure that the fees which are the subject of the aid shall not enter into the legal consequences of the non-payment of the payment. In addition, Section 122 (1) of the Code of Civil Procedure shall be applied accordingly. (3) If several applicants apply for a patent, they shall receive the aid only if all the applicants meet the conditions set out in paragraph 1. (4) or patent proprietor not the inventor or his successor, he shall receive the aid only if the inventor meets the conditions set out in paragraph 1. (5) On request, so many annual fees may be applied to the Aid shall be included, as is necessary, in order to obtain the authorisation of the To exclude legal aid in accordance with Section 115 (3) of the Code of Civil Procedure. The instalments paid shall not be charged to the renewal fees until the costs of the grant-granting procedure, including the costs incurred by an associated representative, are covered by the instalment payments. To the extent that the annual fees may be deemed to be paid by the rates paid, Section 5 (2) of the Patent Costing Act shall apply accordingly. (6) Paragraphs 1 to 3 shall be referred to the requesting third party in the case of Section 44. if it makes a legitimate interest of its own credibly. Unofficial table of contents

Section 131

The provisions of Section 130 (1), (2) and (5) shall apply mutas to the procedure for the restriction or revocation of the patent (§ 64). Unofficial table of contents

Section 132

(1) In opposition proceedings (§ § 59 to 62), the patent proprietor receives on request under the appropriate application of § § 114 to 116 of the Code of Civil Procedure and Section 130 (1) sentence 2 and para. 2, 4 and 5 procedural cost assistance. (2) The first sentence of paragraph 1 shall be based on the opponent and the third party acceding pursuant to Section 59 (2) as well as the parties in the proceedings for a declaration of the If the applicant has a credible interest in his or her own interest, the patent or the compulsory licensing procedure (§ § 81, 85 and 85a) shall apply mutagenically. Unofficial table of contents

§ 133

A participant who has been granted legal aid in accordance with the provisions of § § 130 to 132 shall, at the request of a patent attorney or lawyer of his or her choice or at the express request, be granted a patent attorney or attorney for the The holder of a licence shall be attached if the representative appears to be required to make the proceedings appropriate or if he or she has an opposite interest from a patent attorney, a lawyer or a lawyer. Licence holder is represented. Section 121 (4) and (5) of the Code of Civil Procedure shall be applied accordingly. Unofficial table of contents

Section 134

If the application for the authorization of the legal aid is submitted in accordance with § § 130 to 132 before the expiry of a period prescribed for the payment of a fee, the course of that period shall be extended to the end of one month after the date on which the application has been made. The decision to be taken is being hammered out. Unofficial table of contents

§ 135

(1) The application for the authorization of the legal aid is to be submitted in writing to the Patent Office, the Patent Court or the Federal Court of Justice. In proceedings in accordance with § § 110 and 122, the application may also be declared to the office of the Federal Court of Justice. § 125a applies accordingly. (2) The application shall decide on the application which is responsible for the procedure for which the procedural aid is sought. (3) The decisions pursuant to § § 130 to 133 shall be indisputable to the extent that it is not possible. a decision of the patent department, by which the patent department refuses to grant the aid of the proceedings or the order of a representative pursuant to § 133; the appeal is excluded. Section 127 (3) of the Code of Civil Procedure shall be applied in accordance with the procedure before the Patent Court. Unofficial table of contents

Section 136

§ 117 (2) to (4), § 118 (2) and (3), § 119 and 120 (1) and (3), § 120a (1), (2) and (4), § § 124 and 127 (1) and (2) of the Code of Civil Procedure are to be applied accordingly, Section 127 (2) of the Rules of Procedure Civil procedure with the proviso that the complaint shall take place independently of the procedural value. In the opposition proceedings as well as in the proceedings for declaring the nullity of the patent or in compulsory licensing proceedings (§ § 81, 85 and 85a), this also applies to § 117 (1) sentence 2, § 118 (1), § 122 (2) as well as § § 123, 125 and 126 of the Civil procedure. Unofficial table of contents

Section 137

Legal aid may be lifted if the invention, which has been notified or protected by a patent, in respect of which the aid has been granted, by divestment, use, licensing or other means , and the revenue flowing therefrom shall alter the circumstances of the grant of the aid to the aid in such a way as to enable the party concerned to pay the costs of the proceedings; this shall apply: even after the expiry of the period laid down in Section 124 (1) (3) of the Code of Civil Procedure. The person concerned, who has been granted legal aid, shall indicate any economic recovery of this invention to the body which has decided on the authorisation. Unofficial table of contents

§ 138

(1) In the proceedings concerning the legal complaint (§ 100), a party must be granted procedural aid on request under the appropriate application of § § 114 to 116 of the Code of Civil Procedure. (2) The application for the approval of procedural aid shall be submitted in writing to the Federal Court of Justice; it may also be declared in advance of the office of the Office. The Federal Court of Justice decides on the application. (3) Moreover, the provisions of Section 130 (2), (3), (5) and (6), as well as § § 133, 134, 136 and 137, shall be applied mutas. with the proviso that a party to whom the aid is granted shall be granted the aid of the proceedings. , only a lawyer admitted to the Federal Court of Justice may be attached.

Ninth Section
Infringements

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Section 139

(1) Anyone who uses a patented invention in accordance with § § 9 to 13 may be used by the injured person in the event of a repetition of the risk of omission. The claim exists even if an infringement threatens for the first time. (2) If the act intentionally or negligently carries out the act, the injured person shall be obliged to compensate for the damage resulting therefrom. In the assessment of the damages, the profit which the infringer has achieved through the violation of the law can also be taken into consideration. The claim for damages can also be calculated on the basis of the amount that the infringer would have had to pay as an adequate remuneration if he had obtained permission to use the invention. (3) Is the subject matter of the patent a procedure for the manufacture of a new product, until proof to the contrary, the same product produced by another shall be deemed to have been produced in accordance with the patented process. In the collection of evidence to the contrary, the legitimate interests of the defendant must be taken into account in the maintenance of its trade and industrial secrets. Unofficial table of contents

§ 140

If, before the grant of the patent, rights are brought to court from a notification in whose files the inspection is free (Article 31 (1), second sentence, second sentence 2 and para. 2), and the decision of the dispute is based on the fact that: The Court of First Instance may order that the trial be suspended until the decision on the grant of the patent is claimed. If an application for examination has not been submitted in accordance with § 44, the court of the party claiming the rights from the application shall, at the request of the opponent, set a time limit for the lodging of the application for consideration. If the application for examination is not filed within the time limit, rights from the application may not be claimed in the case. Unofficial table of contents

§ 140a

(1) Anyone who uses a patented invention, contrary to § § 9 to 13, can be used by the injured person for the destruction of the products in the possession or property of the infringer, which are the subject matter of the patent. Sentence 1 shall also apply where products are manufactured directly by a procedure which is the subject of the patent. (2) Paragraph 1 shall be based on the materials in the property of the infringer; and (3) Anyone who uses a patented invention, contrary to § § 9 to 13, may be subject to the right of the injured person to recall the products covered by the patent, or to the products thereof, or to the products thereof. the final removal from the distribution channels is used. The first sentence shall also apply in the case of products which have been directly produced by a procedure which is the subject of the patent. (4) The claims referred to in paragraphs 1 to 3 shall be excluded if the use in the Individual cases are disproportionate. The legitimate interests of third parties shall also be taken into account in the examination of proportionality. Unofficial table of contents

§ 140b

(1) Anyone who uses a patented invention, contrary to § § 9 to 13, can be used by the injured person for immediate information on the origin and distribution path of the products used. (2) In cases of obvious Without prejudice to paragraph 1, the right to an infringement or in cases in which the injured party has brought an action against the infringer shall also be subject to a person who is on a commercial scale.
1.
had infringed products in their possession,
2.
the right-infringing services,
3.
services used for infringing activities, or
4.
having been involved in the manufacture, production or distribution of such products or the provision of such services, according to a person referred to in points 1, 2 or 3,
unless, according to § § 383 to 385 of the Code of Civil Procedure in the trial against the infringer, the person would be entitled to refuse to testit. In the case of the judicial enforcement of the claim provided for in the first sentence, the court may, upon request, suspend the litigation pending against the infringer pending the execution of the lawsuit brought about by the claim for information. The person who is obliged to provide information may require the injured person to reimbursed the expenses required for the exchange of information. (3) The information provided to the information to be provided shall be provided by:
1.
the name and address of the manufacturers, suppliers and other previous owners of the products or users of the services, and of the commercial customers and outlets for which they were intended; and
2.
the quantity of products produced, delivered, obtained or ordered, and the prices paid for the products or services concerned.
(4) The claims referred to in paragraphs 1 and 2 shall be excluded if the claim is disproportionate in individual cases. (5) If the information provided for the information is intentionally or grossly negligently false or incomplete, he shall be responsible for the information provided. (6) Any person who has provided true information without being obliged to do so under paragraph 1 or paragraph 2 shall be liable to third parties only if he knew that he was responsible for the exchange of information. was not obligated. (7) In cases of obvious infringement, the Obligation to provide information by means of the inordinated disposition according to § § 935 to 945 of the Code of Civil Procedure. (8) The findings may be obtained in a criminal procedure or in a procedure under the law on In the event of an offence committed against the pledge against the pledge or against a family designated in § 52 para. 1 of the Code of Criminal Procedure only with the consent of the pledge, before the grant of the information. (9) Can the Information given only with the use of traffic data (§ 3 No. 30 of the Telecommunications Act) , a prior judicial order on the admissibility of the use of the traffic data to be applied for by the injured person shall be required for its grant. For the adoption of this order, the District Court, in whose district the person concerned has his domiciliate, his registered office or a branch, is solely responsible for the value of the dispute. The decision shall be taken by the civil chamber. The provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction shall apply in accordance with the procedure. The costs of the judicial order are borne by the injured. The decision of the Landgericht is subject to the complaint. The complaint shall be lodged within a period of two weeks. Moreover, the provisions on the protection of personal data remain unaffected. (10) Paragraph 2, in conjunction with paragraph 9, restricts the fundamental right of telecommunications secrecy (Article 10 of the Basic Law). Unofficial table of contents

§ 140c

(1) Anyone who uses a patented invention with sufficient probability contrary to § § 9 to 13 may by the rightholder or any other person entitled to submit a document or survey of a thing that is in his/her own The person concerned shall be entitled to use or to use a procedure which is the subject of the patent if necessary in order to justify the claims of the patent. If there is a sufficient probability of a breach of law committed on a commercial scale, the claim shall also cover the submission of bank, financial or commercial documents. In so far as the alleged infringer asserts that it is confidential information, the court shall take the necessary measures to ensure the protection afforded on a case-by-case basis. (2) The claim referred to in paragraph 1 shall be if the use is disproportionate in individual cases. (3) The obligation to submit a document or to submit a visit to a case may be made in accordance with § § 935 to 945 of the Civil process order is ordered. The Court of First Instance shall take the measures necessary to ensure the protection of confidential information. This applies in particular in cases where the inversion is issued without prior hearing of the opponent. (4) § 811 of the Civil Code as well as § 140b (8) apply accordingly. (5) If there was no breach or threatened, it can be the alleged infringer of the person who has sought the submission or inspection referred to in paragraph 1 shall require the compensation of the damage caused to him by the desire. Unofficial table of contents

§ 140d

(1) The injured person may, in the event of a breach of the law on a commercial scale in the cases of section 139 (2), also on presentation of bank, financial or commercial documents or an appropriate access to the relevant documents in Claim, which is in the infringer's right of disposal and which is required for the enforcement of the claim for damages, if without the submission the fulfillment of the claim for damages is questionable. In so far as the infringer asserts that it is confidential information, the court shall take the necessary measures to ensure the protection afforded on a case-by-case basis. (2) The claim referred to in paragraph 1 shall be excluded if the (3) The obligation to submit the documents referred to in paragraph 1 may be ordered by means of the insinuating order in accordance with § § 935 to 945 of the Code of Civil Procedure if the Claim for damages obviously exists. The Court of First Instance shall take the measures necessary to ensure the protection of confidential information. This applies in particular in cases where the inversion is issued without prior hearing of the opponent. (4) § 811 of the Civil Code as well as § 140b (8) apply accordingly. Unofficial table of contents

§ 140e

If an action has been brought under this Act, the ruling party may, in the judgment, be given the power to make the judgment publicly known at the expense of the underlying party, if it presents a legitimate interest. The nature and scope of the contract notice shall be determined in the judgment. The power shall be issued if it is not exercised within three months of the date of entry of the judgment of the judgment. The phrase referred to in the first sentence shall not be provisionally enforceable. Unofficial table of contents

Section 141

The provisions of Section 5 of Book 1 of the Civil Code shall be applicable to the limitation of claims for infringement of patent law. § 852 of the Civil Code shall apply in accordance with the provisions of Article 852 of the Civil Code, if the pledge has obtained something by the breach at the expense of the person entitled to the Unofficial table of contents

Section 141a

Any claims arising from other statutory provisions shall remain unaffected. Unofficial table of contents

Section 142

(1) With a custodial sentence of up to three years or a fine shall be punished, who without the required consent of the patent holder or the holder of a supplementary protection certificate (§ § 16a, 49a)
1.
a product which is the subject of the patent or the supplementary protection certificate (Section 9, second sentence, point 1), which produces or offers, places it on the market, uses it or, for one of the said purposes, either introduces or possesses it, or
2.
a procedure which is the subject of the patent or the corresponding protection certificate (Section 9, second sentence, no. 2), which is applied or offered for application within the scope of this Act.
Sentence 1 (1) shall also apply if it is a product which has been directly produced by a procedure which is the subject of the patent or the supplementary protection certificate (Section 9, second sentence, no. 3). (2) (3) The trial shall be punishable. (4) In the cases referred to in paragraph 1, the deed shall only be prosecuted, unless the law enforcement authority is responsible for the particular purpose of the application. Public interest in law enforcement is considered to be an act of law enforcement. (5) Items to which the offence relates may be collected. Section 74a of the Criminal Code shall apply. In so far as the claims in § 140a are granted in accordance with the provisions of the Code of Criminal Procedure on the compensation of the injured (§ § 403 to 406c), the provisions on confiscation shall not apply. (6) If the injured person requests it and a legitimate interest in it, it is to be ordered that the conviction shall be made public upon request. The nature of the contract notice shall be determined in the judgment. Unofficial table of contents

§ 142a

(1) A product which infringes a patent protected under this Act shall be subject, upon application and against the security performance of the rightholder, to the import or export of the seizure by the customs authority, in so far as the infringement of the law is , and unless Council Regulation (EC) No 1383/2003 of 22 July 2003 on customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken in respect of goods, that violates such rights (OJ L 196, 27.7.2001, p. EU No L 196 p. 7), as amended, should be applied. This shall apply only to the traffic with other Member States of the European Union and to the other States Parties to the Agreement on the European Economic Area, to the extent that such checks are carried out by the customs authorities. (2) The customs authority shall be entitled to: the seizure shall be notified forthwith to the person entitled to dispose of the seizure and to the applicant. The applicant shall be informed of the origin, quantity and location of the product as well as the name and address of the person entitled to dispose of the product; the letter and mail secrecy (Article 10 of the Basic Law) shall be restricted to this extent. The applicant shall be given the opportunity to inspect the product in so far as this is not carried out in commercial or industrial secrecy. (3) If the seizure is not seized, no later than two weeks after the date of delivery of the product, the The customs authorities shall notify the confiscation of the seized product pursuant to the first sentence of paragraph 2. (4) If the person entitled to seize the seizure does not, the customs authority shall immediately inform the Applicants. The latter shall immediately declare to the customs authority whether it maintains the application referred to in paragraph 1 in respect of the product seized.
1.
If the applicant withdraws the application, the customs authorities shall immediately lift the seizure.
2.
If the applicant maintains the application and submits a fully enforceable court decision ordering the custody of the confiscated product or a restriction of disposal, the customs authority shall take the necessary measures.
If the cases in paragraphs 1 or 2 are not available, the customs authorities shall abolic the seizure after two weeks after the notification has been notified to the applicant in accordance with the first sentence; the applicant shall inform the applicant that the court decision has been taken after the date of notification. (5) The seizure shall be deemed unjustified from the outset and the applicant has requested the application in accordance with paragraph 1 of this Article. shall be maintained in respect of the product seized or shall not be immediately (6) The application referred to in paragraph 1 shall be submitted to the Federal Finance Directorate and shall have effect for one year, provided that: no shorter period of validity is requested; it may be repeated. In the case of the official acts relating to the application, the applicant will be charged with costs in accordance with § 178 of the German Tax Code. (7) The seizure and confiscation can be appealed with the legal remedies available in the fine- Law on administrative offences against seizure and confiscation is permitted. The applicant shall be heard in the appeal proceedings. An immediate appeal is admissible against the decision of the local court; the Higher Regional Court decides on it. Unofficial table of contents

Section 142b

(1) In accordance with Article 9 of Regulation (EC) No 1383/2003, the competent customs authority shall forthwith inform the rightholder and the applicant, or the owner or owner of the goods, of the goods being released or withheld the goods. (2) In the case referred to in paragraph 1, the rightholder may request that the goods be destroyed in the simplified procedure described below in the meaning of Article 11 of Regulation (EC) No 1383/2003. (3) The application must be submitted to the customs authority within 10 working days or in the case of slightly perishable goods within three Working days after receipt of the information referred to in paragraph 1 shall be made in writing. It must contain the communication that the goods which are the subject of the proceedings infringe a right protected under this law. The written consent of the declarant, the owner or the owner of the goods for their destruction shall be attached. By way of derogation from the third sentence, the declarant, the owner or the owner may make the written declaration, whether he or she agrees to be destroyed or not, directly to the customs authority. The period referred to in the first sentence may be extended by ten working days before the expiry of the request by the rightholder. (4) The consent for destruction shall be deemed to have been granted if the notifier, the owner or the owner of the goods do not destroy the goods. within 10 working days or, in the case of slightly perishable goods, within three working days of receipt of the information referred to in paragraph 1. This circumstance should be pointed out in the information referred to in paragraph 1. (5) The destruction of the goods takes place at the expense and the responsibility of the rightholder. (6) The customs office can take over the organisational management of the destruction. Paragraph 5 shall remain unaffected. (7) The retention period referred to in the second indent of Article 11 (1) of Regulation (EC) No 1383/2003 shall be one year. (8) In addition, Section 142a shall apply, unless Regulation (EC) No 1383/2003 provisions , which are in conflict with this.

Tenth section
Proceedings in patent cases

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Section 143

(1) For all actions brought by a claim from one of the legal relationships governed by this Law (patent litigation), the civil chambers of the regional courts are exclusively competent irrespective of the value of the dispute. (2) The National governments are authorized to assign to one of them the patent litigation cases for the districts of several county courts by means of a decree law. The State governments can transfer these appropriations to the Land Justice Administrations. Countries may also, by agreement, transfer the courts of one country to the whole or part of the courts of another country. (3) From the costs incurred by the participation of a patent attorney in the The legal dispute arises, the fees are to be reimbursed in accordance with § 13 of the Law Remuneration Act and in addition the necessary outlays of the patent attorney. Unofficial table of contents

Section 144

(1) In the case of a patent dispute a party believable that the burden of the process costs after the full dispute would seriously endanger its economic situation, the court may order, on its request, that the obligation of the Party for the payment of court costs is measured according to a part of the dispute which is adapted to its economic situation. The consequence of the arrangement is that the beneficiary party also has to pay the fees of its lawyer only after that part of the dispute. In so far as the costs of the lawsuit are imposed or insofar as it is assumed, it shall reimburse the court fees paid by the opponent and the fees of his attorney only after the part of the dispute. In so far as the extra-judicial costs are imposed on the opponent or taken over by him, the attorney of the beneficiary party may contribute his fees from the opponent in accordance with the dispute in force. (2) The application referred to in paragraph 1 may be before the office of the Court of First Instance, shall be declared a copy. It shall be affixed to the main proceedings before the hearing. Thereafter, it shall be admissible only if the approved or established dispute is subsequently brought up by the court. Before deciding on the application, the opponent is to be heard. Unofficial table of contents

§ 145

Anyone who has brought an action in accordance with § 139 may, on account of the same or a similar act, institute proceedings against the defendant only if, without his fault, he has not been able to do so, even if he has not been able to do so. in the earlier legal dispute.

Eleventh Section
Patent application

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Section 146

Any person who considers objects or their packaging with a name which is likely to give the impression that the goods are protected by a patent or a patent application under this Act, or who are in public advertisements, The use of a designation of such a kind, on a recommendation card or in similar manifestations, shall be required to provide, upon request, to anyone who has a legitimate interest in the knowledge of the legal situation, on request, to: which patent or which patent application is based on the use of the designation.

Twelfth section
Transitional provisions

Unofficial table of contents

Section 147

(1) Article 229 (6) of the Introductory Act to the Civil Code shall apply in accordance with the provisions of Section 33 (3) and (141) in the version valid until 1 January 2002 of the provisions of the Civil Code on the (2) For proceedings relating to the declaration of invalidity of the patent or the supplementary protection certificate, or for the granting or withdrawal of the compulsory licence, or for the purpose of: Adjustment of the remuneration laid down by the judgment for a compulsory licence, which is before the 1. In the case of proceedings brought before the Federal Patent Court in October 2009, the provisions of this Act shall continue to apply in the version in force until 30 September 2009. (3) For proceedings in which an application for an additional patent has been filed § 16 (1) sentence 2 of this Act may be filed in the version in force before 1 April 2014, or an additional patent is in force, § 16 (1) sentence 2, paragraph 2, § 17, paragraph 2, § 23 (1), § 42 (2) sentence 1 number 4, the second sentence and the first sentence of paragraph 3, as well as the fourth sentence of Article 43 (2) of this Act, in their up to 1 April 2014 (4) For applications for an extension of the deadline for the designation of the inventor, § 37 (2) sentences 2 to 4 and § 20 (1) (2) of this Act are to be applied in the version in force before 1 April 2014, if the applications submitted to the German Patent and Trademark Office before 1 April 2014 and the patent has already been granted. (5) For requests for consultation pursuant to § 46 (1), which have been received by the German Patent and Trademark Office before April 1, 2014, § 46 of this law shall be applied further in the version until then.