WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/IIDEU/P/l 
14 November 1996 
(96-4838) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Germany 
The present document reproduces the Patent Lawl, as notified by Germany under Article 63.2 
of the Agreement (see document IP/N/lIDEU/lIRev.l). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Allemagne 
Le present document contient le textel de la Loi sur les brevets notifiee par l' Allemagne au 
titre de I'article 63:2 de l' Accord (voir le document IP/N/lIDEU/lIRev.l). 
Consejo de los Aspectos de los Derechos de 
Propiedad Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
Alemania 
En el presente documento se reproduce la Ley de Patentes 1 notificada por Alemania en virtud 
de 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease el documento IP/N/l/DEU/Rev.l). 
lEnglish only/anglais seulement/ingles solamente. IP/N/l/DEU IP 11 
Page 2 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
(This text replaces the one pre\'iously published under the same code number.) 
GERMANY 
Patent Law* 
(Text of Decemher 16, 1980, as last amended by the Law on the 
Reform of the Professional Statute of Attorneys and 
Patent Attorneys of September 2, 1994, 
and the Trade Mark Reform Law of October 25, 1994) 
Part I: 
Part 1I: 
Part III: 
Part IV: 
Part V: 
Part VI: 
Part VII: 
Part VIII: 
Part IX: 
Part X: 
Part XI: TABLE OF CONTENTS 
The Patent .......................•..•. 
The Patent Office ....................•.. 
Procedure Before the Patent Office ........... . 
The Patent Court ....................... . 
Proceedings Before the Patent Court 
I. Proceedings on Appeal ................. . 
2. Nullity, Forfeiture and Compulsory License 
Proceedings . . . . . . . . . . . . . . . . . . . ....... . 
3. Common Rules of Procedure ............. . 
Procel!Jings Before the Federal Court of Justice 
I. Procedure in Respect of Appeals on Points of 
Law ............................... . 
2. Procedure on Appeal ...............•.... 
3. Special Procedure on Appeal .........•.... 
Common Provisions .....................• 
Legal Aid ............................ . 
Infringement .......................... . 
Procedure in Patent Litigation .............•.. 
Advertising of Patent ..................... . Sections 
1-25 
26-34 
35-64 
65-72 
73-80 
81-85 
86-99 
100-109 
110-121 
122 
123-128 129-138 
139-142a 
143-145 
146 
2. aesthetic creations; INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
Part I 
The Patent 
1.-( I) Patents shall be granted for inventions that are 
new. involve an inventive step and are susceptible of 
industrial application. 3. schemes, rules and methods for performing mental 
acts, playing games or doing business and programs 
for computers; 
(2) The following in particular shall not be regarded as 
inventions within the meaning of subsection (1): 
1. discoveries. scientific theories and mathematical 
methods; 
* German title: PatentQesetz. 
Entl}' into force (of the last amending Law): January I. 
1995, with the exception of Section 143(3) (see footnote I). 
Source: Communication from the Gennan authorities. 
Note: Translation bv the International Bureau of WIPO on 
the basis of an English translation supplied by the German 
authorities. 
DE 4. presentations of information. 
(3) The provisions of subsection (2) shall exclude 
patentability only to the extent to which protection is 
sought for the above-mentioned subject matter or activities 
as such. 
2. Patents shall not be granted in respect of: 
I. inventions the publication or exploitation of which 
would be contrary to public policy or morality. 
provided that the exploitation shall not be deemed 
to be so contrary merely because it is prohibited by 
law or regulation. The first sentence above shall not 
exclude the granting of a patent for an invention 
falling under Section 5.0( 1); 
GERMANY -Text 2-002. INDUSTRIAL PROPERlY 
AND COPYRIGHT -FEBRUARY 1996 
2. plant or animal vanetles or essentially biological 
processes for the production of plants or animals. 
This provision shall not apply· to microbiological 
processes or the products thereof. 
3.-( I) An invention shall be considered to be new if it 
does not form part of the state of the art. The state of the 
art comprises all knowledge made available to the public 
by means of a written or oral description. by use or in any 
other way. before the date relevant for the priority of the 
application. 
(2) Additionally. the content of the following patent 
applications. \"hich have an earlier priority and which 
were published only on or after the date relevant for the 
priority of the later application. shall be considered to be 
comprised in the state of the art: 
I. national applications. as originally filed with the 
German Patent Office: 
'1 European applications. as originally filed with the 
competent authority. in which protection is sought 
in Germany. unless the application for a European 
patent is based on an international application and 
does not fulfill the conditions set out in Article 
158(2) of the European Patent Convention: 
3. international applications under the Patent Coopera­
tion Treaty. as originally filed with the receiving 
Office. where the German Patent Office is the 
designated Office with respect to the application. 
If the earlier priority of an application is based on a 
claim to the priority of an earlier application. the first 
sentence shall be applicable only to the extent that the 
contents of the application in question do not go beyond 
the contents of the earlier application. Patent applications 
under item I of the first sentence which have been subject 
to a decision under Section SO( I) or (4) of the Patent Law 
shall be considered to have been made available to the 
public on expiry of the eighteenth month following their 
filing. 
(3) The provisions of subsections (I) and (2) shall not 
exclude from patentability any substance or composition 
comprised in the state of the art where it is intended for 
use in a method refen·cd to in Section 5(2) and its use for 
such method is not comprised in the state of the art. 
(4) For the application of subsections (1) and (2). 
disclosure of the invention shall not be taken into consid­
eration if it occurred no earlier than six months preceding 
the filing of the application and if it was due to or in 
consequence of 
I. an evident abuse in relation to the applicant or his 
legal predecessor or 
2. the fact that the applicant or his legal predecessor 
has displayed the invention at an official or offi­
cially recognized international exhibition falling 
within the terms of the Convention on International 
Exhibitions signed at Paris on November 22. 1928. 
GERMANY -Text 2-002. IP/N/lIDEU/P/l 
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INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
Item 2 of the first sentence shall apply only if the 
applicant states. when filing the application. that the 
invention has been so displayed and files a supporting 
certificate within four months following the filing. The 
exhibitions referred to in item 2 of the first sentence shall 
be notified by the Federal Minister for Justice in the 
Blllldesgesel:blalt. 
4. An invention shall be considered to involve an 
inventive step if. having regard to the state of the art. it is 
not obvious to a person skilled in the art. If the state of 
the art also includes documents within the meaning of 
Section 3(2). these documents shall not be considered in 
deciding whether there has been an inventive step. 
5.-( I) An invention shall be considered susceptible of 
industrial application if it can be made or used in any kind 
of industry. including agriculture. 
(2) Methods for treatment of the human or animal 
body by surgery or therapy and diagnostic methods prac­
ticed on the human or animal body shall not be regarded 
as inventions which are susceptible of industrial applica­
tion within the meaning of subsection (I). This provision 
shall not apply to products. in particular substances or 
compositions. for use in any of these methods. 
6. The right to a patent shall belong to the inventor or 
his successor in title. If two or more persons have jointly 
made an invention. the right to a patent shall belong to 
them jointly. If two or more persons have made an inven­
tion independently of each other. the right shall belong to 
the person who is the first to file an application with the 
Patent Office. 
7.-( I) To avoid the substantive examination of the 
patent application being delayed due to the need to deter­
mine the identity of the inventor. the applicant shall be 
deemed in the proceedings before the Patent Office to be 
entitled to request grant of a patent. 
(2) If a patent is revoked by reason of opposition 
based on usurpation (Section 21 ( I ).3) or if opposition 
results in the withdrawal of the patent. the opponent may 
himself file an application in respect of the invention. 
within one month after the official notification thereof. and 
claim the priority of the earlier patent. 
8. An entitled person whose invention has been 
applied for by a person not so entitled may require the 
patent applicant to surrender to him the right to the grant 
of a patent. If the application has already resulted in a 
patent. he may require the patentee to assign the patent to 
him. Such right may only be asserted by an action at law 
within two years after publication of the grant of the 
patent (Section 58( 1 », subject to the fourth and fifth 
sentences. If the injured person has filed opposition on the 
grounds or usurpation (Section 21 ( I ).3). he may bring an 
DE IPINI lIDEU IP /l 
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INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
action within one year of the final conclusion of the oppo­
sition proceedings. The third and fourth sentences shall not 
apply if the patentee had not acted in good faith in 
obtaining the patent. 
9. A patent shall ha\'e the effect that the patentee alone 
shall be authorized to use the patented invention. A person 
nor having the consent of the patentee shall be prohibited: 
I. from making, offering, putting on the market or 
using a product which is the subject matter of the 
patent or importing or stocking the product for such 
purposes: 
2. from using a process which is the subject matter of 
the patent or. when he knows or it is obvious from 
the circumstances that the use of the process is 
prohibited without the consent of the patentee. from 
offering the process for use within the territory to 
which this Law applies: 
3. from offering. putting on the market. using or 
importing or stocking for such purposes the product 
obtained directly by a process which is the subject 
matter of the patent. 
10.-( I) A patent shall have the further effect that a 
person not having the consent of the patentee shall be 
prohibited from supplying or offering to supply within the 
territory to which this Law applies a person. other than a 
person entitled to exploit the patented invention. with 
means relating to an essential element of such invention 
for exploiting the invention. where such person knows or 
it is obvious from the circumstances that such means are 
suitable and intended for exploiting the invention. 
(2) Subsection (I) shall not apply when the means are 
staple commercial products. except where such person 
induces the person supplied to commit acts prohibited by 
the second sentence of Section 9. 
(3) Persons performing the acts referred to in Sec­
tion 11.1 to 3, shall not be considered persons entitled to 
exploit the invention within the meaning of subsection (I). 
DE 11. The effects of a patent shall not extend to: 
I. acts done privately and for non-commercial 
purposes: 
2. acts done for experimental purposes relating to the 
subject matter of the patented invention: 
3. the extemporaneous preparation for individual cases 
in a pharmacy of a medicine in accordance with a 
medical prescription or acts concerning the 
medicine so prepared: 
4. the use on board vessels of another State party to 
the Paris Convention for the Protection of Industrial 
Property of the patented invention. in the body of 
the vessel. in the machinery. tackle. gear and other 
accessories. where such vessels temporarily or acci­
dentally enter the \vaters to which the territory of INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
this Law extends on condition that such use serves 
exclusively the needs of the vessel: 
5. the use of the patented invention in the construction 
or operation of aircraft or land vehicles of another 
State party to the Paris Convention for the Protec­
tion of Industrial Property or of accessories for sllch 
aircraft or land vehicles. where these temporarily or 
accidentally enter the territory to which this Lnv 
applies: 
6. the acts specified in Article 27 of the Convention 
on International Civil Aviation of December 7. 
1944. where such acts concern the aircraft of 
another State to which the provisions of that Article 
are applicable. 
12.-( I) A patent shall have no effect against a person 
who. at the time of the filing of the application. had 
already begun to use the invention in Germany, or had 
made the necessary arrangements for so doing. Such 
person shall be entitled to use the invention for the needs 
of his own business in his own plant or workshops or the 
plant or workshops of others. This right can only be inher­
ited or transferred together \-vith the business. If the appli­
cant or his predecessor in title has. before applying for a 
patent. disclosed the invention to other persons and 
reserved his rights in the event of a patent being granted. a 
person learning of the invention as a result of such disclo­
sure cannot. under the provisions under the first sentence. 
invoke measures which he has taken within six months 
after the disclosure. 
(2) If the patentee is entitled to a right of priority. the 
date of the prior application shall be substituted for the 
date of the application referred to in subsection (I). 
However. this provision shall not apply to nationals of a 
foreign country which does not guarantee reciprocity in 
this respect. \vhere they claim the priority of a foreign 
application. 
13.-( I) A patent shall have no effect where the 
Federal Government orders that the invention be exploited 
in the interest of public' welfare. Nor shall the effect of a 
patent extend to any exploitation of the invention which is 
ordered in the interests of the security of the Federal 
Republic by the appropriate supreme federal authority or, 
on the latter's instructions. by a subordinate agency. 
(2) Appeals from orders under subsection (I) shall be 
heard by the Federal Administrative Court where such 
orders have been made by the Federal Government or the 
appropriate supreme federal authority. 
(3) In the cases mentioned in subsection (I). the 
patentee shall have a claim against the Federal Republic 
for reasonable compensation. In the event of dispute as to 
its amount, legal action may be brought before the ordi­
nary civil COllrts. Any order by the Federal Government 
under the first sentence of subsection ( I) shall be commu­
nicated to the person recorded as patentee in the Register 
GERMANY -Text 2-002. INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
(Section 30( I)) before the invention is exploited. If the 
supreme federal authority by which an order or an instruc­
tion under the second sentence of subsection ( I) is issued 
learns that a claim for compensation has arisen under the 
first. it shall give ~otice thereof to the person recorded in 
the Register as patentee. 
14. The extent of the protection conferred by a patent 
or a patent application shall be determined by the terms of 
the claims. Nevertheless. the description and drawings 
shall be used to interpret the claims. 
15.-( I) The right to a patent. the right to the grant of 
a patent and the rights deriving from a patent shall pass to 
the heirs. They may be assigned to others with or without 
restrictions. 
(2) The rights under subsection ( 1) may be licensed in 
whole or in part. exclusively or non-exclusively. for the 
whole or part of the territory to which this Law applies. 
Where a licensee contravenes a restriction of his license 
covered by the first sentence. the right conferred by the 
patent may be invoked against him. 
(3) The assignment of rights or the granting of a 
license shall not affect licenses previously granted to other 
persons. 
16.-( I) The duration of a patent shall be 20 years. 
beginning on the day following the tiling of the applica­
tion in respect of the invention. If the purpose of an inven­
tion is the improvement or further development of another 
invention for which the applicant has already secured 
patent protection. he may apply. within 18 months from 
the date of filing of the application or. insofar as an earlier 
date is claimed as relevant for the application. from that 
date. for a patent of addition. which shall expire at the 
same time as the patent for the earlier invention. 
(2) If the main patent lapses due to revocation. decla­
ration Df nullity. forfeiture or abandonment. the patent of 
addition shall become an independent patent: its duration 
shall be determined by (he date of commencement of the 
main patent. Where there are several patents of addition, 
only the first shall become independent: the others shall be 
deemed patents of addition to that patent. 
16a.-( I) Pursuant to Regulations of the European 
Economic Community concerning the creation of supple­
mentary certificates of protection, which shall be notified 
in the Federal Law Gazette. supplementary protection may 
be requested in respect of a patent. that shall follow on 
immediately from the expiry of the term of the patent 
under Section 16( 1). Annual fees shall be paid for supple­
mentary protection in accordance with the schedule of 
fees. 
(2) Unless otherwise provided by the law of the Euro­
pean Communities. the provisions of the Patent Law 
GERMANY -Text 2-002. IP/NIlIDEUlP1 1 
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INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
concerning entitlement of the applicant (Sections 6 to 8), 
effects of the patent and exceptions thereto (Sections 9 to 
12), order to exploit the patent. compulsory license and 
forfeiture (Sections 13. 24). extent of protection (Section 
14). licenses and their registration (Sections 15. 34). fees 
(Sections 17(2) to (6). 18 and 19), lapse of the patent 
(Section 20). nullity (Section 22). preparedness to grant 
licenses (Section 23). domestic representative (Section 25), 
the Patent Court and proceedings before the Patent Court 
(Sections 65 to 99). proceedings before the Federal Court 
of Justice (Sections 100 to 122). reinstatement (Section 
[23). obligation of truth (Section 124). official language, 
service of documents and legal aid (Sections 126 to 128). 
infringement (Sections 139 to 141 and 142a). joining of 
actions and advertising of patent (Sections 145 and 146) 
shall apply mutatis mutandis to supplementary protection. 
(3) Licenses and declarations under Section 23 of the 
Patent Law which are effective for a patent shall also 
apply to supplementary protection. 
17.-( I) There shall be paid in respect of every applica­
tion and every patent an annual fee. as prescribed in the 
schedule of fees for the third year and each subsequent 
year following the date of filing. 
(2) No annual fees shall be payable for a patent of 
addition (second sentence of Section 16(1 »). If a patent of 
addition is converted to an independent patent. it shall 
become subject to the payment of fees; the due date and 
the annual amount shall be determined by the date of 
commencement of the preceding main patent. The first 
sentence and the first half of the second sentence shall 
apply 1l/1Iloris mutandis to an application for a patent of 
addition with the proviso that. where an application for a 
patent of addition is regarded as an application for an 
independent patent. such annual fees shall be payable as 
are due for an application that is independent from the 
beginning. 
(3) Annual fees in respect of the coming year shall be 
due on the last day of the month bearing the same name 
as the month containing the anniversary of the date of the 
application. If an annual fee has not been paid within two 
months of the due date. the surcharge prescribed in the 
schedule of fees2 shall become due. After the expiration 
of the time limit. the Patent Office shall notify the appli­
cant or patentee that the application will be deemed to 
have been withdrawn (Section 58(3)) or that the patent 
will lapse (Section 20( I)) if the fee and the surcharge 
prescribed in the schedule of fees are not paid before the 
expiration of a period of four months from the end of the 
month in which the notification has been served. 
(4) The Patent Office may postpone dispatch of the 
notification at the request of the applicant or patentee on 
proof being furnished by the latter that payment may not 
reasonably be expected of him at present due to his finan­
cial situation. Postponement may be made conditional 
DE IP/NIlIDEU/PI 1 
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INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
upon payment of installments within specified periods. If 
an installment is not paid in due time. the Patent Office 
shall advise the applicant or patentee that the application 
will be deemed to h.\ve been withdrawn or that the patent 
will lapse if the balance is not paid within one month after 
service of the notification. 
(5) Where no request has been made to postpone 
dispatch of the notification. the due date of the fee and the 
surcharge may be deferred on proof being furnished that 
payment may not reasonably be expected of the applicant 
or the patentee at present due to his financial situation. 
even after service of the notification. provided that a 
request is made within 1.+ days after service and the 
previous failure to comply is satisfactorily explained. 
Deferment may also be authorized subject to the payment 
of installments. If a deferred sum is not paid in due time. 
the Patent Office shall repeat the notification. vihereby the 
whole of the balance outstanding shall be demanded. After 
service of the second notification. no further deferment 
shall be allowed. 
(6) A notification which has been postponed on 
request (subsection (-+)) or which. after deferment has been 
granted. must be rcpeated (subsection (5)) shall be 
dispatched not later than two years after the fee falls due. 
Installments paid shJII not be refunded if. owing to 
nonpayment of the balance outstanding. the application is 
deemed to have been withdrawn (Section 58(3)) or the 
patent lapses (Section 20( I ) J. 
18.-(1) If an applicant or patentee furnishes proof that 
the payment may not reasonably be expected of him at 
present due to his tinancial situation. payment of the fees 
for the grant and for the third to twelfth years may be 
deferred. at his request. until the commencement of the 
thirteenth year and may be waived if the patent application 
is withdrawn or the pJtent lapses within the first 13 years. 
The patent applicant or patentee shall immediately inform 
the Patent Oftice of any alteration in his personal and 
economic circumstances relevant to the deferral. 
(2) If a patent has been granted or maintained after 
opposition. an order may be made in favor of an applicant 
that the reasonable c:\penses for drawings. models and 
expert opinions. the production of which was necessary in 
the grant proceedings or opposition proceedings.' be 
refunded 10 him as outlay if he furnishes proof that 
payment of such expenses may not reasonably be expected 
of him at present due to his financial situation. The 
request for refund must be submitted to the Patent Office 
\vithin six months after the grant of the patent: if opposi­
tion is brought. it must be filed within six months after the 
maintenance of the patent. The refund shall be recorded in 
the Register (Section .iO( I ). If later circumstances seem 
so to justify. the Patent Office shall order the sum 
refunded to be repaid in whole or in part. Repayments 
shall be added as a supplement to the annual fees and 
treated as part thereof. 
DE INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
19. Annual fees may be paid before they faH due. Fees 
which have not become due shaH be refunded if it is 
established that they will no longer become due. 
20.-( 1) A patent ~hall lapse if: 
I. the patentee abandons it by a written declaration to 
the Patent Office. 
2. the declarations prescribed in Section 37( 1) are not 
made in due time after service of the official.notifi­
cation (Section 37(2» or 
3. the annual fee and the surcharge are not paid in due 
time after service of the official notification 
(Section 17(3». 
(2) The Patent Office shaH be the sole judge of 
whether the declarations prescribed under Section 37{ I) 
the payments have been made in due time: Sections 73 
and 100 shall remain unaffected. 
21.-(1) A patent shaH be revoked (Section 61) if it 
transpires that 
). the subject matter of the patent is not patentable 
under Sections I to 5. 
2. the patent does not disclose the invention in a 
manner sufficiently clear and complete for it to be 
carried Ollt by a person skiHed in the art. 
3. the essential elements of the patent have been taken 
from the descriptions. drawings. models. appliances 
or equipment of another person. or from a process 
used by another person. without his consent 
(usurpation). ' 
4. the subject matter of the patent extends beyond the 
content of the application as originally filed with 
the competent authorities: the same shall apply if 
the patent was granted on a divisional application or 
on a new application filed in accordance with 
Section 7(2) and the subject matter of the patent 
extends beyond the content of the earlier application 
as originally filed with the competent authorities. 
(2) If the grounds' for revocation affect the patent in 
part only. the patent shall be maintained in the form of a 
corresponding limitation. The limitation may be affected in 
the form of an amendment to the claims. the descriptions 
or the drav.;ings. 
(3) In the event of revocation. the effects of the patent 
and of the application shall be deemed not to have existed 
ab initio. This provision shall apply 11/1/1atis mwalldis to 
limited maintenance: where in such case a patent is not 
maintained by reason only of a division (Section 60). the 
effect of the application shall remain unaffected. . 
22.-( I) i\ullity of a patent shall be declared on request 
(Section 81) if it transpires that one of the grounds 
mentioned in Section 21 ( 1) is present or the scope of the 
patent has been broadened. 
GERMANY -Text 2-002. INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY /996 
(2) Section 21(2) and (3). first sentence and first half 
of second sentence. shall apply mutatis nllltallciis. 
23.-( I) If the applicant for a patent or the person 
recorded as patentee in the Register (Section 30( I) 
declares to the Patent Office in writing that he is prepared 
to allow anyone to use the invention in return for reason­
able compe~sation. the annual fees falling due after receipt 
of the declaration shall be reduced to one half of the 
amount prescribed in the schedule of fees. The effect of a 
declaration made in respect of a main patent shall extend 
to all its patents of addition. The declaration shall be 
recorded in the Register of Patents and published in the 
Patent Gazette. 
(2) Such declaration shall not be accepted if a note 
concerning the grant of a right to the exclusive use of the 
invention (Section 34( I)) is recorded in the Register of 
Patents or a request for the recording of such note is 
pending before the Patent Office. 
(3) Any person who wishes to exploit the invention 
after the recording of the declaration shall notify the 
patentee of his intention. Notification shall be deemed to 
have been effected if it is has been dispatched by regis­
tered mail to the person recorded in the Register as 
patentee or to his registered representative. A statement of 
how the invention is to be exploited shall be given in the 
notification. After such notification, the notifying party 
shall be entitled to exploit the invention in the manner 
stated by him. He shall be obliged, at the end of every 
calendar quarter. to give the patentee particulars of the use 
which has been made and to pay the compensation 
therefor. If he fails to meet this obligation in due time, the 
person recorded in the Register as p;tentee may grant him 
a reasonable extension of time and. if the extension of 
time expires without result. may prohibit further use of the 
invention. 
(4) The compensation shall be assessed by the Patent 
Division at the written request of a party. Sections 46, 47 
and 62 shall apply mllfatis IIIl1fal1dis to the proceedings. A 
fee as prescribed in the schedule of fees shall be paid with 
the request. which may be directed against more than one 
party; if the fee is not paid. the request shall be deemed 
not to have been made. In assessing the compensation. the 
Patent Office may order that the fee be repaid in whole or 
in part by the opponents of the request. Payment of the fee 
mav be deferred for up to six months after the tern1ination 
of "the proceedings if the patentee furnishes proof that 
payment may not reasonably be expected of him at present 
due to his financial situation. If the fee is not paid by that 
time, the opponents of the request may be ordered to pay 
compensation for the exploitation of the invention to the 
Patent Office for the account of the patentee until such 
time as the amount of the fees still owing has been paid. 
(5) After the expiration of one year from the last 
assessment. any person affected thereby may apply for it 
GERMANY -Text 2-002. IP/N/lIDEU/P/1 
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INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
to be altered if. in the meantime. circumstances have 
arisen or have become known which show that the amount 
of compensation assessed is obviously inappropriate. A fee 
as prescribed in the schedule of fees shall be paid with the 
request. In other respects. tl..: provisions of the first to 
fourth sentences of subsection (4) shall apply mlltatis 
mlltandis. 
(6) If the declaration is made in respect of an applica­
tion. the provisions of subsections (I) to (5) shall apply 
mutatis mutandis. 
(7) The declaration may be withdrawn at any time by 
a written communication to the Patent Office insofar as no 
intention of using the invention has been notified to the 
patentee. Withdr~wal shall take effect on filing. The 
amount by which the annual fees have been reduced shall 
be paid within one month after withdrawal of the declara­
tion. The second and third sentences of Section 17(3) shall 
apply mlltatis mUTandis with the proviso that the due date 
shall be replaced by the end of the one-month period in 
accordance with the third sentence. 
2·t-( 1) If the applicant or patentee refuses to permit 
the exploitation of the invention by another person 
offering to pay reasonable compensation and to furnish 
security therefor. such person shall be given authority to 
exploit the invention (compulsory license) where permis­
sion is in the public interest. The grant of a compulsory 
license shall be permissible only after the grant of the 
patent. A compulsory license may be granted subject to 
restrictions and made dependent upon conditions. 
(2) Except as otherwise provided by international 
agreements. forfeiture of a patent shall be pronounced if 
the invention is exclusively or mainly exploited outside 
Germany. Forfeiture may not be required until the expira­
tion of two years from the grant of a compulsory license 
by a final decision and then only if the public interest can 
no longer be satisfied by the grant of compulsory licenses. 
These restrictions. however. shall not apply in the case of 
nationals of a foreign State which does not grant 
reciprocity in this respect. The assignment of the patent to 
another person shall be invalid insofar as it is intended 
only to avoid forfeiture. 
25. A person who has neither domicile nor establish­
ment in Germany may take part in proceedings before the 
Patent Office or the Patent Court regulated by this Law 
and assert rights deriving from a patent only if he has 
appointed a patent attorney or an attorney-at-law in 
Germany as his representative. The latter shall be autho­
rized to represent him in Patent Office and Patent Court 
proceedings and in civil litigation affecting the patent: he 
may also file requests for the institution of criminal 
proceedings. The place where the representative has his 
business premises shall be deemed. \vithin the meaning of 
Section 23 of the Code of Civil Procedure. to be the place 
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INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
where the assets are located: if there are no business 
premises. then the pl:lce where the representative has his 
domicile shall be relevant and. in the absence thereof. the 
place \vhere the Patent Office has its seat. 
Part II 
The Patent Office 
26.-( I) The Patent Office sll3lI consist of a President 
and other members. They must possess the qualifications 
required for judicial office under the Gennan Law 
Relating to Judges (legal members) or must be experts in 
a branch of technology (technical members). The members 
shall be appointed for life. 
(2) As a rule. only a person who has devoted himself 
to the study of natural science and technical subjects in 
Gennany as a regul:lr student at a university or a technical 
or agricultural university or mining academy. who has 
then passed a State or academic final examination. who 
has also worked thereafter in the practical field for at least 
five years and is in possession of the requisite legal 
knowledge shall be appointed a technical member. Atten­
dance at foreign universities or academies. for a maximum 
duration of two years. may be taken into account in 
computing the time of study; in such cases, the final 
examination must also have been passed in Gennany. 
(3) When a probable temporary need exists. the Presi­
dent of the Patent Office may temporarily appoint persons 
having the qualifications required for members (subsec­
tions (1) and (2)) to perfonn the duties of a member of the 
Patent Offit:e (assistant members). The temporary appoint­
ment may be for a specified period or for as long as is 
needed and cannot be tenninated during such period. In 
other respects. the provisions regarding members shall also 
apply to a~sistant members. 
27.-( I) There shall be established in the Patent Office: 
I. Examining Sections for the processing of patent 
applications and for the provision of infonnation on 
the state of the art (Section 29(3 )); 
2. Patent Divisions for all matters concerning granted 
patents. for the assessment of compe~sation 
(Section 23(4) and (6)) and for the grant of the 
right to legal aid in proceedings befo~ the Patent 
Office. It shall also be the duty of each Patent Divi­
sion to give opinions (Secti~n 29( I) and (2») on 
matters within its competence. 
(2) The tasks of the Examining Sections shall be 
perfonned by a technical member of the Patent Division 
(examiner). 
(3) The Patent Division shall be competent to take 
decisions when at least three members participate. who 
shall include two technical members when the Division 
operates under the opposition procedure. If the case 
DE INDUSTRIAL PROPERTY 
LA \VS AND TREATIES 
involves special legal difficulties and if none of the 
members participating is a legal member. one of the legal 
members belonging to the Patent Division shall assist in 
rendering the decision. A decision whereby a requeST foJr 
the calling in of a legal member is refused shall not be 
subject to interlocutory appeal. 
( .. 1-) The Chainnan of the Patent Division may handle 
alone all matters of the Patent Division. with the exception 
of decisions on maintenance. revocation or limitation of a 
patent or assessment of compensation (Section 23(4)) and 
grant of legal aid. or he may delegate these functions to a 
technical member of the Division: this shall not apply to a 
hearing. 
(5) The Federal Minister for Justice shall have power 
to establish by statutory order that officials of the higher 
and intennediate grades of the civil service as well as 
comparable employees shall be entrusted with the handling 
of particular matters within the competence of the Exam­
ining Sections or the Patent Divisions which present no 
technical or legal difficulties. with the exception. however. 
of the grant of a patent and the rejection of a patent appli­
cation on grounds which the applicant has contested. The 
Federal Minister for Justice may delegate such power by 
statutory order to the President of the Patent Office. 
(6) For the exclusion and challenge of examiners and 
other members of the Patent Divisions. Sections 41 to 44. 
the second sentence of Section 45(2) and Sections 47 
to 49 of the Code of Civil Procedure relating to exclusion 
and challenge of members of a court shall apply mutatis 
mutandis. The same shall apply to officials of the higher 
and intermediate grades of the civil service and to 
employees, insofar as they have been entrusted under 
subsection (5) with the handling of particular matters 
within the competence of the Examining Sections or 
Patent Divisions. Where a challenge plea requires a deci­
sion. it shall be taken by the Patent Division. 
(7) Experts who are not members may be called in 
during the deliberations of the Patent Divisions; they shall 
not t;ke part in the voting. . . 
28.-( I) The Federal Minister for Justice shall regulate 
the establishment and the business procedure of the Patent 
Office and determine by statutory order the fonn of proce­
dure. insofar as provision therefor has not been made by 
law. 
(2) To the extent that provision thcrefor has not been 
made by law. the Federal Minister for Justice may 
prescribe by statutory order the collection of administra­
tive fees to cover the expense of requests addressed to the 
Patent Office and may. in particular 
I. order that fees be collected for certificates. authenti­
cations. consultation of files and furnishing of infor­
mation and to cover all costs incurred. 
2. establish rules concerning the persons liable to pay 
fees. the due date of payments. the obligation to 
GERMA~Y -Text 2-002. INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
pay in advance. exemption from fees. prescription 
and the procedure for determining fees. 
29.-( I) The Patent Office shali be required to give 
opinions at the request of the courts or of the State Prose­
cutor's Office on questions affecting patents if divergent 
expert opinions are submitted in the proceedings. 
(1) In other respects. the Patent Office shall not have 
the power to take decisions or give opinions outside its 
statutory sphere of activity without the approval of the 
Federal Minister for Justice. 
(3) TIle Federal Minister for Justice may. in order to 
make the documentation of the Patent Office available to 
the public. prescribe by statutory order that the Office will 
provide information on the state of the art. without guar­
anree that the information is complete. without requiring 
the approval of the Federal Council. In this regard. he 
shall be authorized to determine the manner in which the 
infonnation shall be given. the volume of information and 
the technical fields involved. The Federal Minister for 
Justice may delegate such authority to the President of the 
Patent Office without requiring the approval of the Federal 
Council. 
30.-( I) The Patent Office shall maintain a Register in 
which shall be recorded the titles of patent applications. 
the files of which may be inspected by any person. and of 
granted patents. supplementary certificates of protection 
(Section 16a) and the names and addresses of applicants 
or of patentees and appointed representatives. if any 
(Section 25). The commencement. division. expiration. 
lapsing. order for limitation, revocation, declaration of 
nullity. \vithdrawal of patents or supplementary certiticates 
of protection (Section 16a), as well as the filing of opposi­
tion and of a nullity action shall also be recorded therein. 
(1) The Federal Minister for Justice shall have power 
to establish by statutory order those particulars to be 
recorded in the Register regarding the state of the patent 
application procedure: he may delegate this power by 
statutory order to the President of the Patent Office. 
(3) The Patent Office shall record in the Register a 
change in the identity of the person. of the name or of the 
address of the applicants or the patentees and of their 
representatives. if proof thereof is furnished to it. A fee as 
prescribed by the schedule of fees shall be paid with the 
request to register a change in the identity of the applicant 
or of the patentee: if the fee is not paid. the request shall 
be deemed not to have been filed. As long as the change 
has not been recorded. the former applicant. patentee or 
representative shall remJin subject to the rights and obli­
gations as provided in this Law. 
31.-( I) The Patent orrice shall permit any person so 
requesting to inspect the files and the models and samples 
relating thereto if and to the extent that satisfactory proof 
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INDUSTRIAL PROPERTY 
LA WS AND TREA TI ES 
of a legitimate interest has been furnished. However. any 
person may freely inspect the Register and the patent files. 
including the files of limitation proceedings (Section 64): 
the same shall apply to the inspection of files concerning 
separated parts of a patent (Section 60). 
(2) Any person may freely inspect the files of patent 
applications 
I. if the applicant has expressed to the Patent Office 
his consent to the inspection of files and has desig­
nated the inventor or 
if 18 months have elapsed since the filing date of 
the application or, if an earlier date is claimed with 
respect to the application. since that date and a noti­
fication has been published under Section 32(5). 
(3) Where inspection of the files is open to any 
person. the inspection of models and samples belonging to 
the files shall also be open to any person. 
(4) With respect to the naming of the inventor (Sec­
tion 37{ I )). inspection shall be authorized only in accor­
dance with the first sentence of subsection (1) if requested 
by the inventor designated by the applicant: the fourth and 
fifth sentences of Section 63( I) shall be applicable ml/tatis 
lIlutandis. 
(5) Inspection of patent applications and patents which. 
pursuant to Section 50, have not been published. shall be 
permitted by the Patent Office only after hearing the 
competent supreme federal authority if and to the extent a 
special interest, warranting protection. of the person 
making the request appears to justify affording access and 
no serious prejudice to the external security of the Federal 
Republic of Gennany is to be expected. If a patent appli­
cation or a patent under the third sentence of Section 3(2) 
is cited in proceedings as prior art. the first sentence shall 
apply mllfatis mutandis to that part of the file that is rele­
vant to the opposition. 
32.-( I) The Patent Office shall publish 
1. unexamined patent applications. 
2. patent specifications and 
3. a Patent Gazette. 
(2) The published applications shall contain those 
elements of the application (Section 35(1). items 2 to 4) 
open to public inspection under Section 31(2), as origi­
nally filed or in the altered fonn accepted for publication 
by the Patent Office. The published applications shall also 
include the abstract (Section 36) where it has been filed in 
good time. The applications shall not be published if the 
patent specification has already been published. 
(3) The patent specification shall include the patent 
claims. description and drawings, on the basis of which 
the patent was granted. The patent specification shall also 
state the publications which the Patent Office has taken 
into account for the assessment of the patentability of the 
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INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
invention which is the subject matter of the application 
(Section 43(1)). If the abstract (Section 36) has not already 
been J9ublished. it shall be included in the patent specifica­
tion. 
(4) The published applications and patent specifica­
tions shall also be published according to the provisions of 
Section 3 I (2) if the application has been withdrawn. 
refused or deemed to have been withdrawn. or if a patent 
has lapsed after the technical preparation of the publica­
tion has been completed. 
(5) The Patent Gazette shall regularly contain 
summaries of entries in the Register. except where they 
only concern the normal expiration of the patent. and 
references to the possibility of inspection of patent appli­
cation files, including the files concerning separated parts 
of a patent (Section 60). 
33.-( I) As from publication of the notification 
pursuant to Section 32(5). the applicant may require from 
any person who has used the subject matter of the applica­
tion. although he knew or should have known that the 
invention used by him was the subject matter of the appli­
cation. compensation appropriate to the circumstances: 
further claims shall not be permitted. 
(2) No claim to compensation shall be admissible if 
the subject matter of the application is obviously 
unpatentable. 
(3) Section 141 shall be applicable mlllatis mutandis 
with the proviso that the claim shall not be barred prior to 
expiration of one year after the grant of the patent. 
34.-( I) The grant of a right to the exclusive use of an 
invention protected by a patent may be recorded in the 
Register (Section 30( I)). The Patent Office shall make 
such entry on request if proof is furnished of the consent 
of the person registered as patentee or his successor in 
title. The request shall state the name of the person to 
whom the right has been granted (licensee); such particu­
lars shall not be entered in the Register. 
(2) No such request for entry shall be accepted if a 
declaration of willingness to grant licenses has been made 
(Section 23(1 ». --
(3) The entry shall be cancelled on request if proof is 
furnished of the consent of the licensee named at the time 
of recording or of his successor in title. 
(4) Requests filed under subsections (I) and (3) shall 
be subject to payment of a fee as prescribed by the 
schedule of fees~ if the fee is not paid. the request shall be 
deemed not (0 have been filed. 
(5) Entries and cancellations under subsections (I) 
and (3) shall not be published. 
DE Part III INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
Procedure Before the Patent Office 
35.-( I) Applications for the grant of a patent shall be 
filed in writing with the Patent Office. A separate applica­
tion shall be required for each invention. Applications 
shall contain: 
1. a request for the grant of a patent. which shJl1 
designate the invention clearly and concisely: . 
2. one or more claims defining the matter for which 
protection is sought: 
3. a description of the invention: 
4. any drawings referred to in the claims or the 
description. 
(2) Applications shall disclose the invention in a 
manner sufficiently clear and complete for it to be carried 
out by a person skilled in the art. 
(3) A fee for the costs of procedure as prescribed by 
the schedule of fees shall be paid with the application. If 
the fee is not paid. the Patent Office shall notify the 
inventor that the application will be deemed to have been 
withdrawn unless the fee is paid before the end of one 
month after service of the notification. 
(4) The Federal Minister for Justice shall have power 
to issue by statutory order regulations concerning other 
requirements for the application. He may delegate such 
power by statutory order to the President of the Patent 
Office. 
(5) At the request of the Patent Office. the applicant 
shall state the prior art fully and truthfully to the best of 
his knowledge and incorporate it in the description 
(subsection (I )). 
36.-( I) Applications must be accompanied by an 
abstract which can be filed up to 15 months from the dale 
of the filing of the application or. where an earlier date is 
claimed for the application. up to 15 months from that 
date. 
(2) Abstracts shall merely serve for use as technical 
information. They shall contain: 
I. the title of the invention: 
2. a concise summary of the disclosure as contained in 
the application. which shall indicate the technical 
field of the invention and shall be drafted in such a 
way that it permits a clear understanding of the 
technical problem. its solution and the main use or 
uses of the invention: 
3. a drawing. if mentioned in the concise summary: if 
several drawings are mentioned. the drawing that. in 
the opinion of the applicant. most clearly identifies 
the invention. 
37.-( I) Within a period of 15 months from the date of 
filing of an application or. if an earlier date is claimed as 
GERMANY -Text 2-002. INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
relevant to the application. within 15 months from such 
date. the applicant shall name the inventor or inventors 
and affirm that to his knowledge no other person has 
contributed to the invention. If the applicant is not the 
Irtventor or not the sole inventor. he shall also state how 
he acquired the right to the patent. The correctness of such 
'>tatement shall not be verified by the Patent Office. 
(2) If the applicant can justitiably show that he has 
been prevented by exceptional circumstances from making 
in due time the declarations prescribed in subsection (I). 
the Patent Office shall grant him a reasonable extension of 
time. The time limit shall not be prolonged beyond the 
time of issue of the decision to grant a patent. If by that 
time the aforesaid circumstances still exist. the Patent 
Office shall grant another extension. Six months before the 
expiration of the time limit. the Patent Office shall nmify 
the patentee that the patent will lapse if he does not make 
the prescribed declarations within six months after service 
of the notification. 
38. Up to the time of the decision to grant a patent. 
the contents of the application may be amended on condi­
tion that the scope of the subject matter of the application 
is not extended: however. until a request for examination 
is filed (Section ..J. .. +). only the correction of obvious 
mistakes. the remedying of defects pointed out by the 
Examining Section or amendments to claims shall be 
permissible. No rights may be derived from amendments 
which broaden the scope of the subject matter of the 
application. 
39.-( I) An applicant may at any time divide his appli­
cation. The division shall be declared in writing. If the 
division is declared after the filing of the request for 
examination (Section 4..J.). the separated part shall be 
deemed an application for which a request for examination 
has been filed. The date of the original application and 
any claimed priority shall be maintained for each divi­
sional application. 
(2) For the period up to division. the same fees which 
were payable for the original application shall be paid for 
the separated application. This shall not apply to the fee 
under Section 43 if the division is declared prior to the 
filing of the request for examination (Section 44). unless a 
request under Section 43 is filed for the separated applica­
tion. 
(3) If the elemenLs of the application required by 
Sections 35 and 36 are not filed for the separated applica­
tion \vithin three months of receipt of the declaration of 
division. or the fees for the sepJrated application have not 
been paid \vithin such period. the declaration of division 
shall be deemed not to have been made. 
40.-( I) An applicant shall enjoy. within a period of 12 
months from the filing date of an earlier patent or utility 
model application filed with the Patent Office. a priority 
GER~lA.\Y -Text 2-002. IP/N/lIDEU/P/1 
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INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
right with respect to a patent application for the same 
invention. unless a domestic or foreign priority had 
already been claimed for the earlier application. 
(2) The priority of more than one applic~ii:ion for a 
patent or utility model filed with the Patent Office may be 
claimed for the application. 
(3) Priority may only be claimed for those features of 
the application which are clearly disclosed in the totality 
of the application documents for the earlier application. 
(4) Priority may only be claimed within t\VO months of 
the filing date of the later application: the declaration of 
priority shall only be deemed to have been made if the 
reference number of the earlier application is given and a 
copy of the earlier application filed. 
(5) If the earlier application is still pending before the 
Patent Office, it shall be deemed withdrawn at the time of 
making the declaration of priority under subsection (4). 
This shall not apply if the early application concerns a 
utility model. 
41.-( I) Any person \vho. in accordance with an inter­
national agreement. claims the date of an earlier foreign 
application for the same invention shall. within a period of 
two months after the date of filing of the application. state 
the date and country of the earlier application. Where the 
applicant has stated the date and country of the earlier 
application. the Patent Office shall request the applicant to 
state the serial number of the earlier application and to file 
a copy of that application \vithin a period of two months 
after communication of the request.'if such action has not 
already been taken. Particulars may be altered within those 
periods. Where the particulars are not provided in due 
time. the priority claim for the application shall be 
forfeited. 
(2) Where the earlier foreign application has been filed 
in a State not bound by an international agreement on the 
recognition of priority. the applicant may claim a right of 
priority corresponding to that under the Paris Convention. 
provided that. after publication by the Federal Ministry of 
Justice in the BlIlldesgcset::hlatt. the other State grants a 
right of priority for a first filing with the Patent Office. 
which is. according to its requirements and contents 
comparable to that under the Paris Convention: subsec­
tion ( 1 ) shall be applicable. 
42.-( I) If the application obviously does not comply 
with the requirements of Sections 35 to 38. the Examining 
Section shall request the applicant to remedy the defects 
within a specified period. Where. in the case of Sec­
tion 41. the production of documentary evidence is 
required. such period shall be fixed to expire, at the 
earliest. three months after the filing of the application. If 
the application does not comply with the provisions in 
respect of other requirements for applications (Sec­
tion 35(4». the Examining Section may refrain from 
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objecting to the defects until the start of the examination 
procedure (Section 44). 
(2) If the subject matter of the application obviously 
I. does not. by reason of its nature, constitute an 
invention. 
2. is not susceptible of industrial application. 
3. is excluded from patentability under Section :2 or 
4. its purpose is not. in the case of the second 
sentence of Section 16( I). an improvement or 
further development of the other invention. 
the Examining Section shall notify the applicant thereof. 
stating its reasons. and invite him to submit his comments 
within a specified period. The same shall apply if. in the 
case of the second sentence of Section 16( I). the addi­
tional application has not been filed within the specified 
period. 
(3) The Examining Section shall reject the application 
if the defects referred to in subsection (1) are not reme­
died or the application is maintained although obviously 
no patentable invention exists (subsection (2). items I to 3) 
or the requirements of the second sentence of Sec­
tion 16( 1) are obviously not met (subsection(2), first sentence. 
item 4, second sentence). If rejection is to be based on 
facts that have not yet been communicated to the appli­
cant, he shall first be given an opportunity to submit his 
comments within a specified period. 
43.-( I) The Patent Office shall. upon request, identify 
those publications to be taken into consideration in 
assessing the patentability of the invention in respect of 
which an application has been filed. Where the search for 
such publications is assumed for all or for certain tech­
nical fields. wholly or in part. by an international institu­
tion (subsection (8). item I). a request may be submitted 
that the search be made in such a way that the applicant 
can also use the result for a European application. 
(2) The request may be filed by the patent applicant or 
by any other person. whereby the latter shall not thereby 
become a participant in the procedure. The request shall 
be filed in writing. Section 25 shall be applicable IIlwatis 
l7Iutandis. A fee as prescribed by the schedule of fees shall 
be paid with the request: if the fee is not paid. the request 
shall be deemed not to have been filed. If the request is 
filed in connection with an application for a patent of 
addition (Section 16( I). second sentence). the Patent 
Office shall invite the applicant to file a request as speci­
fied in subsection (I). before the expiration of one month 
after the invitation in connection with the application for 
the main patent: if no request is filed, the application for 
the patent of addition shall be regarded as an application 
for an independent patent. 
DE (3) The tiling of the request shall be published in the 
Patent Gazette. but not before publication of the notifica­
tion pursuant to Section .32(5). If the request is filed by a 
person other than the applicant. the applicant shall also be INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
notified of the filing of the request. Any person shall be 
entitled to inform the Patent Office of publications which 
might oppose the grant of a patent. 
(4) The request shall be deemed n:-)t to have been filed 
if a request pursuant to Section 44 has already been filed. 
In such case. the Patent Office shall notify the person 
making the request of the date of filing of the request 
pursuant to Section 44. The fee paid for the request shall 
be refunded. 
(5) If a request pursuant to subsection (I) has been 
filed. subsequent requests shall be deemed not to have 
been tiled. The second and third sentences of subsec­
tion (4) shall be applicable nllllOtis mlllGndis. 
(6) If a request filed by a person who is not the appli­
cant is found to be ineffective after notification of the 
applicant (subsection (3). second sentence). the Patent 
Office shall also advise the applicant thereof in addition to 
such other person. 
(7) The Patent Office shall communicate the publica­
tions ascertained in accordance with subsection ( I) to the 
applicant and. if the request has been filed by another 
person. to such person and the applicant. \vithoUl guar­
antee as to their completeness. and shall publish in the 
Patent Gazette the fact that such communication has been 
made. If the publications have been searched by an inter­
national institution and if the applicant has so requested 
(subsection (1). second sentence), this shall be stated in 
the communication. 
(8) To accelerate the patent granting procedure, the 
Federal Minister for Justice shall have power to direct by 
statutory order that: 
1. the search for the publications specified in subsec­
tion (1) shall be assigned to a section of the Patent 
Office other than the Examining Section (Sec­
tion 27(1)) or to another national or international 
institution. in whole or for certain technical fields 
or certain languages. provided that the institution 
concerned appears competent to search for the 
publications to be taken into consideration: 
2. the Patent Office shall provide foreign or interna­
tional authorities with data from the files of patent 
applications for their mutual infonnation on the 
results of examination procedures and state-of-the­
art searches. where the applications concerned relate 
to inventions in respect of which the grant of a 
patent has also been applied for to such foreign or 
international authorities: 
3. the examination of patent applications according to 
Section 42 and the supervision of fees and time 
limits shall be tranferred in whole or in part to 
sections of the Patent Office other than the Exam­
ining Section or Patent Divisions (Section 27( I )). 
44.-( I) The Patent Office shall examine on request 
whether the application complies with the requirements of 
GERMANY -Text 2-002. INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
Sections 35. 37 and 38 and whether the subject matter of 
the application is patentable under Sections 1 to 5. 
(2) The request may be tiled by the applicant or by 
any other person. whereby the latter shall not become a 
participant in the examination procedure. prior to the expi­
ration of seven years after the filing of the application. 
(3) A fee as prescribed in the schedule of fees shall be 
paid with the request: if the fee is not paid. the request 
shall be deemed not to have been filed. 
(4) If a request pursuant to Section 43 has already 
been filed. the examination procedure shall begin only 
after the request pursuant to Section 43 has been dealt 
with. In other respects. Section 43(2). second. third and 
fifth sentences. and subsections (3). (5) and (6) shall be 
applicable mutatis mwandis. If a request filed by a person 
other than the applicant is ineffective. the applicant 
himself may file a request within a period of three months 
from service of the notification. provided that such period 
expires later than the period specified in subsection (2). If 
the applicant does not file a request. a notice shall be 
published in the Patent Gazette. referring to the publica­
tion of the request filed by such other person and stating 
that the request is ineffective. 
(5) The examination procedure shall be continued even 
if the request for examination is withdrawn. In the case 
under the third sentence of subsection (4), the procedure 
shall be continued from the point which it had reached at 
the time the applicant's request for examination was filed. 
45.-( I) If the application does not comply \vith the 
requirements of Sections 35. 37 and 38 or if the require­
ments of Section 36 are manifestly not fulfilled, the Exam­
ining Section shall request the applicant to remedy the 
defects within a specified period. Where. in the case of 
Section 41. production of documents is required. the 
period shall be set in such a manner that it expires at the 
earliest three months after the filing date of the applica­
tion. 1lle tirst sentence shall not apply to defects 
concerning the abstract. where the abstract has already 
been published. 
(2) If the Examining S~ction reaches the conclusion 
that the invention is not patentable under Sections I to 5. 
it shall notify the applicant thereof. shall state its grounds. 
~lI1d shall invite the applicant to submit his comments 
within a specitied period. 
46.-( I) The Examining Section may at any time 
summon and hear the parties. may examine witnesses. 
~xperts and the parties. \\hether under oath or not. and 
may institute other inquiries necessary for clarification of 
the matter. B~forc a decision is taken as to publication. the 
patent applicant shall be given a hearing on request where 
appropriate. The request shall be filed in writing. If the 
request is not filed in the prescribed fornl or if the Exam­
ining Section does not consid~r a hearing to be appro-
GERMANY -Text 2-002. IP/N/lIDEU/PIl 
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INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
priate. it shall reject the request.. A decision to reject a 
request shall not be subject to interlocutory appeal. 
(2) Minutes of the hearing and examination of 
witnesses ,.hall be taken. \vhich shall reproduce the essen­
tials of the proceedings and sha:; contain those declara­
tions of the parties that are relevant in law. Sections 160a. 
162 and 163 of the Code of Civil Procedure shall apply 
mutatis mllfQndis. The parties shall receive a copy of the 
minutes. 
47.-( I) The decisions of the Examining Sections shall 
contain the grounds. shall be in writing and shall be 
communicated ex officio to the parties. They may also be 
pronounced at the end of a hearing; the first sentence shall 
remain unaffected. Grounds need not be given if the appli­
cant is the sole party and his request is allowed. 
(2) The written copy shall be accompanied by a state­
ment infonning the parties of possible appeal from the 
decision. of the authority with which an appeal may be 
lodged. of the time limit for lodging an appeal and of the 
appeal fee. if any. to be paid. The time limit for lodging 
an appeal (Section 73(2)) shall begin to run only when the 
parties have been informed in writing. If they have not 
been infonned or have been incorrectly infonned. an 
appeal may only be lodged within one year from service 
of the decision. except where information has been given 
in writing that an appeal was not pennissible; Section 123 
shall apply mlltatis f1llllandis. 
48. The Examining Section shal~ reject the application 
if the defects objected to under Section 45(1) have not 
been remedied or if the application is maintained although 
the invention is not patentable under Sections 1 to 5. The 
second sentence of Section 42(3) shall be applicable. 
49.-( I) If the application complies with the require­
ments of Sections 35. 37 and 38. if defects in the abstract 
objected to under Section 45( 1) have been remedied and if 
the subject matter of the application is patentable in accor­
dance with Sections I to 5, the Examining Section shall 
order the grant of a patent. 
(2) The decision to grant shall be deferred at the 
request of the applicant for a period of 15 months begin­
ning either with the date on which the application is filed 
with the Patent Office or, if an earlier date has been 
claimed. with such earlier date. 
49a.-( I) If the person registered as patentee requests 
supplementary protection, the Patent Division shall 
examine whether the application complies with the rele­
vant Council Regulation of the European Economic 
Community and with subsections (3) and (4) and Sec­
tion 1641. 
(2) If the application complies with those require­
ments. the Patent Division shall grant a supplementary 
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INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
certificate of protection for the duration of its tenn. In the 
contrary case, it shall invite the applicant to rectify any 
defect within a time limit to be set by the Patent Division. 
which shall be of at least two months. If the defects are 
not remedied. it shall reject the application by a decision. 
(3) Section 35(4) shall apply. Sections 46 and 47 shall 
apply to the proceedings before the Patent Division. 
(4) The application shall be accompanied by a fee as 
prescribed in the schedule of fees. If the fee is not paid. 
the Patent Office shall notify the applicant that the appli­
cation will be deemed to have been withdrawn if the fee is 
not paid within one month after service of the notification. 
50.-( I) If a patent is sought in respect of an invention 
which is a State secret (Section 93 of the Penal Code), the 
Examining Section shall order ex officio that no publica­
tion shall take place. The competent supreme federal 
authority shall be heard before the order is issued. The 
latter authority may request that an order be issued. 
(2) The Examining Section shall cancel ex officio or at 
the re4uest of the competent supreme federal authority or 
of the applicant or patentee an order under subsection (I) 
when the relevant grounds cease to exist. The Examining 
Section shall examine at yearly intervals whether the 
grounds of the order under subsection (I) continue to 
exist. Before an order under subsection (1) is cancelled. 
the competent supreme federal authority shall be heard. 
(3) The Examining Section shall notify the parties if 
no appeal has been lodged within the time limit (Sec­
tion 73(2» against a decision of the Examining Section 
refusing a request for the issue of an order under subsec­
tion (1) or cancelling an order under subsection ( 1). 
(4) Subsections (1) to (3) shall apply mutatis mutandis 
to inventions which have been kept secret by a foreign 
State for reasons of defense and have been entrusted to the 
Federal Government with its consent and on condition that 
it maintain secrecy. 
51. The Patent Office shall pennit the competent 
supreme federal authority to inspect the files in order to 
examine whether. in accordance with Section 50( 1). no 
publication shall take place or whether an order issued 
under Section 50( 1) shall be cancelled. 
52.-( 1) A patent application containing a State secret 
(Section 93 of the Penal Code) mav only be filed. outside 
the territory to which this Law applies: with the written 
consent of the competent supreme federal authority. 
Consent may be given subject to the fulfillment of condi­
tions. 
DE (2) Any person who 
1. tiles an application in violation of the first sentence 
of subsection ( 1) or INDUSTRIAL PROPERTY 
LA \VS AND TREATIES 
2. acts in violation of a condition under the second 
sentence of subsection ( 1 ) 
shall be liable to imprisonment not exceeding five years or 
to a tine. 
53.-( I) If no order under Section 50( I) is served on 
the applicant within a period of four months after the 
filing of the application with the Patent Office. the appli­
cant or any other person having knowledge of the' inven­
tion mav assume. when in doubt as to whether the inven­
tion is ;equired to be kept secret (Section 93 of the Penal 
Code). that the invention need not be kept secret. 
(2) If examination of whether. in accordance with 
Section 50( 1). publication of an application is not to take 
place cannot be concluded within the period mentioned in 
subsection (I). the Patent Office may. by means of a 
notice to be served on the applicant within the period 
mentioned in subsection (1), extend this period by a 
maximum of t\VO months. 
5 .. t If a patent has been granted in respect of an appli­
cation for which an order under Section 50( 1) was issued. 
the patent shall be recorded in a Special Register. The first 
sentence of Section 31 (5) shall apply mutatis mlllandis to 
the inspection of the Special Register. 
55.-( 1) An applicant. a patentee or his successor in 
title who refrains from using or ceases to use for peaceful 
purposes an invention which is patentable under Sec­
tions I to 5 as a result of an order under Section 50( I), 
shall have a claim for compensation. in respect of the 
damage thereby caused to him. against the Federal 
Republic if and to the extent that he cannot reasonably be 
expected to bear the damages himself. In determining the 
extent to which he can reasonably be expected to do so, 
account shall be taken. in particular. of the financial posi­
tion of the injured party. the amount of expenditure 
incurred by him for the invention or for acquiring title 
thereto, the degree to which the probability that the inven­
tion would have to be kept secret could have been recog­
nized by him at the time the expenditure was incurred. and 
the profit derived by the injured party from other exploita­
tion of the invention. A claim may only be asserted after a 
patent has been granted. Compensation may be claimed 
only after it has become due and for periods which shall 
not be shorter than one year. 
(1) A claim shall be asserted before the competent 
supreme federal authority. Legal action may be instituted 
before the ordinary courts. 
(3) Compensation under subsection (I) shall be 
awarded only if the first application in respect of the 
invention has been filed with the Patent Office and the 
invention has not already been kept secret by a foreign 
State for reasons of defense before the issue of an order 
under Section 50( 1 ). 
GERMANY -Text 2-002. INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
56. The Federal Government shall have pO\ver to 
determine by statutory order the competent supreme 
federal authority within the meaning of Sections 31(5). 50 
10 55 and 74(2). 
57.-( I) A fee for grant shall be paid for the grant of 
the patent in accordance with the schedule of fees. The fee 
shall fall due on service of the decision to grant. If it is 
not paid within two months of becoming due. the 
surcharge prescribed by the schedule of fees shall be paid. 
After the expiration of such period. the Patent Office shall 
notify the patentee that the patent will be deemed not to 
have been granted and the application will be deemed to 
have been withdrawn if the fee and the surcharge are nor 
paid within one month after service of the notification. 
(2) If the fee and the surcharge are not paid in due 
time following service of the official notification. the 
patent shall be deemed not to have been granted and the 
application to have been withdrawn. 
58.-( I) The grant of a patent shall be published in the 
Patent Gazette. The patent specification shall be published 
at the same time. The legal effects of the patent shall 
come into force on publication in the Patent Gazette. 
(2) If the application is withdrawn after publication of 
the reference to the possibility of inspection of the files 
(Section 32(5» or is refused or is deemed \vithdrawn. the 
effects under Section 33( 1) shall be deemed not to have 
come into force. 
(3) If no request for examination is filed before the 
expiration of the period prescribed in Section 44(2) or if 
the annual fee payable for the application is not paid in 
due time (Section 17), the application shall be deemed to 
have been withdrawn. 
59.-( I) Within three months of the publication of 
grant. any person. but only the injured party in the case of 
usurpation. may give notice of opposition to the patent. 
Opposition shall be lodged in writing and grounds shall be 
stated. The opposition may be based only on the assertion 
that one of the grounds of opposition mentioned in Sec­
tion 21 exists. The facts which justify the opposition shall 
be stated in detail. The particulars must. if not alreadv 
contained in the document of opposition. be subsequently 
provided in writing before the expiration of the opposition 
period. 
(2) In the event of l)pposition to a patent. any person 
who proves that proceedings for infringement of the same 
patent have been instituted against him may. after the 
opposition period has expired, intervene in the opposition 
proceedings. provided he gives notice of intervention 
within three months of the date on which the infringement 
proceedings were instituted. The same shall apply in 
respect of any person who proves both that the proprietor 
of the patent has demanded that he cease alleged infringe-
GER~lANY -Text 2-002. IP 1Nl lIDEU IP 11 
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INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
ment of the patent and that he has instituted proceedings 
for a ruling that he is not infringing the patent. Notice of 
intervention shall be filed in writing stating the reasons 
therefor before the expiration of the period mentioned in 
the first sentence. The third to fifth sentences of subsec­
tion ( I) shall apply lIlutatis I1llllandis. 
(3) The third sentence of Section 43(3) and Sections 46 
and 47 shall apply mutatis f7/lIlandis in opposition pro­
ceedings. 
60.-( I) Up to the completion of opposition proceed­
ings. a patentee may divide his patent. If division is 
declared. the separated part shall be deemed to be an 
application for which a request for examination (Sec­
tion 44) has been filed. Section 39( I), second and fourth 
sentences. subsections (2) and (3) shall apply mUfmis 
mutandis. For the separated part. the effects of the patent 
shall be deemed not to have come into force ab initio. 
(2) The division of the patent shall be published in the 
Patent Gazette. 
61.-( I) The Patent Division shall decide whether and 
to what extent the patent shall be maintained or revoked. 
The proceedings shall be continued ex officio without the 
opponent if the opposition has been withdrawn. 
(2) If the patent is revoked or maintained with limita­
tions, the fact shall be published in the Patent Gazette. 
(3) If the patent has been maintained with limitations. 
the patent specification shall be correspondingly amended. 
The amendment of the patent specification shall be 
published. 
62.-( I) In its decision on the opposition. the Patent 
Office may at its equitable discretion determine to what 
extent the costs arising from a hearing or the taking of 
evidence shall be borne by a party. This shall also apply if 
the opposition is wholly or partly withdrawn or if the 
patent is relinquished. 
(2) The costs shall include. in addition to the expenses 
of the Patent Office. the costs incurred by the parties to 
the extent that. at the equitable discretion of the Patent 
Office. they were necessary for the appropriate defense of 
their interests and ri2:hts. The amount of the costs to be 
awarded shall be determined bv the Patent Office upon 
request. The provisions of the' Code of Civil Procedure 
relating to the procedure for the assessment of costs and 
execution of decisions re2ardin2 the assessment of costs 
shall apply mutatis 111 lIfandis. A~ appeal shall lie in place 
of a complaint from the decision regarding the assessment 
of costs: Section 73 shall apply with the proviso that the 
appeal be lodged within two weeks. The enforceable copy 
shall be issued by the registrar of the Patent Court. 
63.-( I) The inventor shall be mentioned as such in the 
published application (Section 32(2). in the patent specifi-
DE IP/N/lIDEU/P/l 
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INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
cation (Section 32(3)) and in the publication of the grant 
of the patent (Section 58( 1)), if he has already been 
mentioned. Such mention shall be entered in the Register 
(Section 30( I )}. It shall be omitted if the inventor desig­
nated by the applicant so requests. The request may be 
withdrawn at any time: in the event of withdrawal. 
mention shall be effected thereafter. Renunciation by the 
inventor of the right to be mentioned as such shall have 
no legal effect. 
(2) If the identity of the inventor is incorrectly given 
or, in the case of the third sentence of subsection (I), is 
not given at all. the applicant or the patentee or the person 
wrongly mentioned shall be under an obligation to the 
inventor to declare to the Patent Office that they consent 
to having the mention provided for in the tirst and second 
sentences of subsection (I) corrected or subsequently 
effected. Consent shall be irrevocable. The procedure for 
the grant of the patent shall not be delayed by the bringing 
of an action for a declaration of consent. 
(3) Subsequent mention of the inventor (subsection (I), 
fourth sentence. and subsection (2)) or the correction 
(subsection (2» shall not be effected in official publica­
tions which have already been published. 
(4) The Federal Minister for Justice shall have power 
to issue by statutory order regulations for the implementa­
tion of the foregoing provisions. He may delegate this 
power by statutory order to the President of the Patent 
Office. 
64.-( 1) A patent may be limited \vith retroactive 
effect, at the request of the patentee. by amending the 
patent claims. 
(2) 1l1e request shall be filed in writing and the 
grounds on which it is based shall be stated. A fee as 
prescribed by the schedule of fees shall be paid with the 
request: if the fee is not paid. the request shall be deemed 
not to have been filed. 
(3) 1l1e Patent Division shall decide on the request. 
Sections 44( 1) and 45 to 48 shall be applicable mutatis 
mlltalldis. In the decision whereby the request is granted. 
the patent specification shall be adapted to the limitation. 
The amendment of the patent specification shall be 
published. 
Part IV 
The Patent Court 
65.-( I) There shall be established a Patent Court as an 
autonomous and independent federal court for hearing 
appeals from decisions of the Examining Sections or 
Patent Divisions of the Patent Office an~d actions for 
declaration of nullity or for forfeiture of patents and for 
the grant of compulsory licenses. It shall have its seat at 
DE INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
the seat of the Patent Office. It shall be designated the 
"Federal Patent Court". 
(2) The Patent Court shall consist of a President. 
presiding judges and other judges. They must possess the 
qualifications required for judicial office under the 
German Law Relating to Judges (legal members) or must 
be experts in a branch of technology (technical members), 
For the technical members. Section 26(2) shall be appli­
cable mlltatis mutandis provided they have passed a State 
or academic final examination. 
(3) Judges shall be appointed for life by the Federal 
President. except where othewise provided in Section 71. 
(4) The President of the Patent Court shall exercise 
official supervision over judges. officials, employees and 
workers. 
66.-( I) There shall be established in the Patent Court 
I. chambers for hearing appeals (Chambers of 
Appeal): 
2. chambers for deciding actions for declaration of 
nullity. for revocation of patents and for the grant 
of compulsory licenses (Nullity Chambers). 
(2) The number of chambers shall be determined by 
the Federal ~1inister for Justice. 
67.-( I) Chambers of Appeal shall decide cases under 
Sections 23(4) and 50(1) and (2) in the composition of 
one legal member as presiding judge and two technical 
members, in cases under Section 73(3) and Sections 130. 
131 and 133. in the composition of one technical member 
as presiding judge. two additional technical members and 
one legal member, in cases under Section 31(5) in the 
composition of one legal member as presiding judge, one 
additional legal member and one technical member and in 
other cases in the composition of three legal members. 
(2) Nullity Chambers shall decide in cases under 
Sections 84 and 85(3) in the composition of one legal 
member as presiding judge. one additional legal member 
and three technical members and in other cases in the 
composition of three judges of whom one must be a legal 
member. 
68. The provisions of Part II of the Judiciary Law 
shall apply to the Patent Court with the following 
provisos: 
I. Where election does not result in a presiding judge 
and a further judge who are legal members. the 
presiding judge and further judge being legal 
members who obtain the most votes from the legal 
members shall be considered elected: 
2. Disputes concerning election (Section 21 b(6) of the 
Judiciary Act) shall be heard by a Chamber of the 
Patent Court consisting of three judges being legal 
members: 
GERMANY -Text 2-002. INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
3. The Federal Minister for Justice shall appoint the 
permanent substitute of the President. 
69.-( I) Proceedings before the Chambers of Appeal 
shall be public if notice c:' the possibility of inspecting the 
files under Section 32(5) has been given or if the patent 
specification has been published under Section 58( I ). 
Sections 172 to 175 of the Judiciary Law shall be appli­
cable. mlllalis I11l1lalldis. with the proviso that: 
I. at the request of one of the parties. the public may 
also be excluded from the proceedings if publicity 
threatens to endanger the interests worthy of protec­
tion of the party making the request: 
2. the public shall be excluded from the pronounce­
ment of the decisions until publication of a notice 
of the possibility of inspecting the files under 
Section 32(5) or until publication of the patent 
specification under Section 58( 1). 
(2) The proceedings before the Nullity Chambers. 
including the pronouncement of decisions. shall be public. 
The second sentence of subsection (I). item 1. shall be 
applicable I1llltalis 1JI1IIandis. 
(3) The maintenance of order in the sessions of the 
Chambers shall be the responsibility of the presiding 
jlldge. Sections 177 to 180. 182 and 183 of the Judiciary 
Law relating to the maintenance of order in court shall be 
applicable mlllQ{is lJIutandis. 
70.-( 1) Decisions in the Chambers shall be made on 
the basis of deliberation and the taking of votes. In such 
cases. only the number of members of the Chambers 
prescribed by law may participate. During the deliberation 
and voting there may be present. in addition to the 
members of the Chambers. only persons employed at the 
Patent Court for training purposes. provided that the 
presiding judge permits them to be present. 
(2) The decisions of the Chambers shall require a 
majori"ty vote: if the votes are equally divided. the 
presiding judge shall have the casting vote. 
(3) The members of the Chambers shall vote according 
to seniority of service and. seniority of service being 
equal. according to age. the younger voting before the 
older. If a recording judge has been appointed. he shall 
vote first. The presiding judge shall vote last. 
71.-( I) Judges may be employed at the Patent Court 
on temporary appointment. The third sentence of Sec­
tion 65(2) shall be applicable. 
(2) Judges appointed on a temporary basis and 
temporarily delegated judges may not preside. 
72. There shall be established at the Patem Court a 
registrar's office. which shall be staffed by the necessary 
number of registrars. The establishment of the office shall 
be detenl1ined by the Federal Minister for Justice. 
GERMANY -Text 2-002. IP/N/lIDEUIP11 
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INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
Part V 
Proceedings Before the Patent Court 
I. Proc('('dings Oil A/l/l('o/ 
73.-( I) An appeal ~hall lie from the d~cisions of the 
Examining Sections and Patent Divisions. 
(2) An appeal shall be filed in writing with the Patent 
Office within one month after service of the decision. 
Copies of the appeal and of all written statemems shall be 
attached for the other parties. The appeal and all written 
statements containing motions pertaining to the matter or 
the declaration of withdrawal of the appeal or of a motion 
shall be served ex officio upon the other parties: other 
documents shall be communicated informally to those 
parties. where service has not been ordered. 
(3) If an appeal lies from a decision to reject an appli­
cation or from a decision on the maintenance. revocation 
or limitation of a patent. a fee as prescribed by the 
schedule of fees shall be paid within the period allowed 
for filing an appeal: if the fee is not paid. the appeal shall 
be deemed not to have been filed. 
(4) If the authority whose decision is contested 
considers the appeal to be well founded. it shall rectify its 
decision. It may order that the appeal fee be refunded. If 
the appeal is not allowed. it shall be remitted to the Patent 
Court without comment as to its merits before the expira­
tion of three months. 
(5) If the appellant is opposed by another party to the 
proceedings. the provisions of the first sentence of subsec­
tion (4) shall not be applicable. 
74.-( I) An appeal may be lodged by the panies to the 
proceedings before the Patent Office. 
(2) In the case of Sections 31(5) and 50(1) and (2). an 
appeal may also be lodged by the competent supreme 
federal authority. 
75.-( I) An appeal shall have a staying effect. 
(2) An appeal shall have no staying effect. however. 
when it lies from a decision of the Examining Section by 
which an order under Section 50( 1) has been issued. 
76. The President of the Patent Office may. if he 
considers it appropriate to safeguard the public interest. 
make written statements in appeal proceedings before the 
Patent Court. be present at hearings and make represema­
tions therein. Written statements by the President of the 
Patent Office shall be communicated to the parties by the 
Patent Court. 
77. The Patent Court may. if it considers it appropriate 
on an issue of law of basic importance. give the President 
of the Patcnt Officc tile opportunity to intervene in appeal 
DE IP/NllIDEU/P/1 
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proceedings. The President of the Patent Office shall 
become a pany on receipt of the notice of intervention. 
78. A hearing shall be held if 
I. one of the parties so requests. 
2. evidence is to be taken before the Patent Court 
(Section 88( I)) or 
3. the Patent Coun considers it appropriate. 
79.-( I) A decision shall be given on an appeal. 
(2) If an appeal is not admissible or not lodged in the 
fonn provided by law and within the prescribed period. it 
shall be dismissed as inadmissible. The decision may be 
given without a hearing. 
(3) The Patent Court may reverse the contested deci­
sion without itself deciding the case on its merits if 
I. the Patent Office has not yet decided the case on its 
merits. 
2. the proceedings before the Patent Office suffer from 
a substantial defect. 
3. new facts or evidence have become known which 
are essential to the decision. 
The Patent Office shall base its decision on the legal 
judgment on which the reversal is based. 
80.-( I) Where more than one person is party to the 
proceedings, the Patent Coun may decide that the costs of 
the proceedings shall be borne in whole or in part by one 
of the parties if and to the extent that this is equitable. It 
may, in particular. also order that the costs incurred by the 
panies shall, to the extent that they can be reasonably 
considered to have been necessary for the appropriate 
protection of the rights involved. be refunded in whole or 
in part by one of the parties. 
\2) Costs may be awarded against the President of the 
Patent Office only if he has made petitions after his inter­
vention in the proceedings. 
(3) The Patent Coun may order that the appeal fce 
(Section 73(3» be refunded. 
(4) Subsections (l) to (3) shall also be applicable if. 
either in whole or in part, the appeal. the application or 
the opposition is withdrawn or if the patent is relin­
quished. 
(5) In other respects. the provIsIons of the Code of 
Civil Procedure relating to the procedure for the assess­
ment of costs and the execution of decisions regarding the 
assessment of costs shall apply mutatis mutandis. 
2. Nullity. FOIfeitllre alld 
C ompll/sory License Proceedings 
81.-( I) Proceedings for a declaration of nullity or for 
forfeiture of a patent or supplementary certificate of 
DE INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
protection or for the grant of a compulsory license shall be 
instituted by bringing legal action. The action shall be 
directed against the person recorded in the Register as 
patentee. An a~tion against a supplementary certificate of 
protection may be consolidated w;th J.n action against the 
basic patent and may also be based on the fact that one of 
the grounds for nullity exists in respect of the basic patent 
(Section 22). 
(2) An action for a declaration of nullity of a. patent 
shall not be brought as long as opposition may still be 
filed or opposition proceedings are pending. 
(3) In the case of usurpation, only the injured party 
shall be entitled to bring an action. 
(4) An action shall be filed with the Patent Court in 
writing. Copies of the action and of all written statements 
shall be attached for the defendant. The action and all 
written statements shall be served ex officio on the defen­
dant. 
(5) An action shall designate the plaintiff. the defen­
dant and the matter at issue and shall contain a specific 
motion. The facts and documentary evidence relied on 
shall be stated. If the action does not fully comply with 
these requirements. the presiding judge shall invite the 
plaintiff to file the necessary additional materials within a 
specified period. 
(6) A fee as prescribed by the schedule of fees shall 
be paid when the action is filed; if the fee is not paid. the 
action shall be deemed not to have been filed. 
(7) If the plaintiff is resident a"broad, he shall furnish 
to the defendant. at the latter's request. security for the 
costs of the proceedings. The Patent Court shall detennine. 
at its equitable discretion. the amount of the security and 
shall fix a time limit within which that amount shall be 
furnished. If the time limit is not observed. the action shall 
be deemed to have been withdrawn. 
82.-( I) The Patent Court shall serve notice of the 
action on the defendant and Invite him to reply thereto 
within one month. 
(2) If the defendant fails to reply in due time, a deci­
sion complying with the plaintiff's request may be 
rendered forthwith \vithout a hearing and every factual 
allegation of the plaintiff assumed to be proved. 
83.-( I) If the defendant files a contesting reply in due 
time. the Patent Court shall notify the plaintiff of such 
reply. 
(2) The Patent Court shall render its decision on the 
basis of a hearing. With the consent of the parties, a deci­
sion may be rendered \vithout a hearing. 
84.-( I) The decision on an action shall be delivered in 
the fonn of a judgment. An interim decision on the admis-
GERMANY -Text 2-002. INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARr 1996 
sibility of the action may be delivered in the form of an 
interlocutory judgment. 
(2) In the judgment. the costs of the proceedings shall 
also be decided. The provisions of the Code of Civil 
Procedure concerning procedural costs shall apply mllfaris 
mutalldis insofar as equity does not require otherwise: the 
provisions of the Code of Civil Procedure relating to the 
procedure for the assessment of costs and execution of 
decisions regarding the assessment of costs shall apply 
mutatis mutalldis. Section 99(2) shall remain unaffected. 
85.-( I) In proceedings for the grant of a compulsory 
license. the plaintiff may. at his request. be allowed to 
exploit the invention by a provisional order if he satisfies 
the Court that the conditions referred to in Section 24( I ) 
are complied with and that an immediate grant of permis­
sion is urgently required in the public interest. 
(2) A fee as prescribed by the schedule of fees shall 
be paid with the request: if the fee is not paid. the request 
shall be deemed not to have been filed. The issue of a 
provisional order may be made conditional on the 
furnishing of security. by the person making the request. 
for {he damage which the defendant may suffer. 
(3) The Patent Court shall render its decision on the 
basis of a hearing. The provisions of the second sentence 
of Section 83(2) and of Section 8-l shall be applicable 
mutatis mlltalldis. 
(4) The effect of the provisional order shall cease with 
the withdrawal or refusal of the action for the grant of a 
compulsory license (Section 81); the decision as to costs 
may be amended if a party applies for amendment within 
one month after the \vithdrawal or after the refusal 
becomes final. 
(5) If the issue of the provisional order proves to have 
been unjustified ah illiTio. the person making the request 
shall be required to compensate the defendant for the 
damage which he has suffered from the execution of the 
provisional order. 
(6) The judgment granting the compulsory license 
may. on request. with or without security. be declared 
provisionally enforceable if such is in the public interest. 
If the judgment is reversed or altered. the person making 
the request shall be obliged to compensate the defendant 
for the damage which he has suffered through the enforce­
ment. 
3. Commo/l Rllles of Procedure 
86.-( I) For the exclusion and challenge of members of 
the Court. Sections 41 to -l-t and -l7 to 49 of the Code of 
Civil Procedure shall be applicable mutaTis I11waJldis. 
l2) The following shall also be excluded from judicial 
office: 
GERMANY -Text 2-002. IP/N/lIDEU IP /1 
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INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
I. in proceedings on appeal. persons who have partici­
pated in the previous proceedings before the Patent 
Office: 
2. in proceedings for declaration of nullity of a patent. 
persons who have participatd in the proceedings 
before the Patent Office or Patent Court relating to 
the grant of the patent or relating to opposition. 
(3) The decision on the challenge of a judge shall be 
rendered by the Chamber to which the person who is chal­
lenged belongs. If. as a result of the elimination of the 
member who has been challenged. the Chamber is unable 
to render a decision. a Chamber of Appeal of the Patent 
Court consisting of three legal members shall render the 
decision. 
(4) The decision on the challenge of a registrar shall 
be rendered by the Chamber in whose jurisdiction the 
matter falls. 
87.-( I) The Patent Court shall investigate ex officio 
the facts of the case. It shall not be bound by the factual 
statements and the offers of proof of the parties. 
(2) The presiding judge or a member designated by 
him shall. before the hearing or. in the absence of a 
hearing. before the decision of the Patent Court. make all 
arrangements necessary for the matter to be dealt with. if 
possible. in one hearing or in one session. In other 
respects. Section 273(2). (3). first sentence. and (4). first 
sentence. of the Code of Civil Procedure shall be appli­
cable mutatis mutandis. 
88.-( I) The Patent Court shall take evidence at the 
hearing. In particular. it may make inspections on the spot. 
examine witnesses. experts and the parties and order the 
consultation of documents. 
(2) In suitable cases. the Patent Court may. prior to the 
hearing, have evidence taken by one of its members as 
commissioned judge or. specifying particular questions of 
evidence. request another court to take su.ch evidence. 
(3) The parties shall be notified of all hearings in 
which evidence is to be taken and may attend such hear­
ings. They may put relevant questions to \o,'itnesses and 
experts. If a question is objected to. the Patent Court shall 
decide. 
89.-( 1) As soon as the date for a hearing is fixed. the 
parties shall be summoned with at least two weeks' notice. 
In urgent cases. the presiding judge may shorten this 
period. 
(2) It shall be pointed out in the summons that if a 
party fails to appear. the case may be heard and decided in 
his absence. 
90.-( I) The presiding judge shall open and conduct 
the hearing. 
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INDUSTRIAL PROPERTY 
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(2) After the case is called, the presiding judge or 
recording judge shall report on the essential contents of 
the tiles. 
(3) Thereupon, the parties shall be given leave to 
speak in order to make and substantiate their motions. 
91.-( I) Th~ presiding judge shall discuss with the 
parties the questions of fact and questions of law involved 
in the case. 
(2) The presidin~ ill"~~' ,iI:t11. upon request, permit 
each member of the Chamber to ask questions. If a ques­
tion is objected to. the Chamber shall decide. 
(3) After discussing the case. the presiding judge shall 
declare the hearing closed. The Chamber may decide to 
reopen the hearing. 
92.-( 1) At the hearing. and whenever evidence is 
taken. a registrar of the Court shall be called to act as 
minute-writer. If. by order of the presiding judge. no 
minute-writer is called. one of the judges shall record the 
minutes. 
(2) Minutes shall be taken of oral proceedings and of 
all taking of evidence. Sections 160 to 165 of the Code of 
Civil Procedure shall apply IIlwQtis IIllltQndis. 
93.-( I) The Patent Court shall take its decisions on the 
basis of its own conclusions freely reached in the light of 
the results of the proceedings as a whole. The decision 
shall state the grounds \vhich led the judges to form their 
conclusions. 
(2) The decision may be based only on facts and the 
results of evidence on which the parties have had an 
opportunity to state their views. 
(3) Where there has been a previous hearing, a judge 
not present at the last session of the hearing may partici­
pate in rendering the decision only if the parties consent. 
94.-( 1) Final decisions of the Patent Court shall. if a 
hearing has taken place. be rendered at the court session at 
which the hearing was concluded or at a session to be 
fixed forthwith. This deadline shall not exceed three weeks 
except when important reasons. in particular the volume 
and the difficulty of the case, so require. Final decisions 
shall be served ex officio on the parties. They may be 
served on the parties instead of being pronounced in court. 
If the Patent Court makes its decision without a hearing. 
pronouncement of the decision shall be replaced by 
service thereof on the parties. 
DE (2) Final decisions of the Patent Court by which a 
motion is refused or a legal remedy is decided upon shall 
state the grounds upon which the decision is based. INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
95.-( l) Clerical errors. errors in calculation and 
similar obvious errors in the decision may at any time be 
corrected by the Patent Court. 
(2) The correction may be decided without a previous 
hearing. The decision concerning the correction shall be 
recorded on the decision itself and on the copies thereof. 
96.-( I) If the statement of facts as set out in the deci­
sion contains other mistakes or obscurities. correction may 
be requested within two weeks after service of the deci­
sion. 
(2) The Patent Court shall decide on this matter 
without taking evidence. In such decisions. only judges 
who have taken part in rendering the decision whose 
correction is requested shall participate. The decision 
concerning the correction shall be recorded on the decision 
itself and the copies thereof. 
97.-(1) A party may. at any stage of the proceedings. 
be represented before the Patent Court by an authorized 
representative. A decision may be made ordering the 
appointment of a representative. The provisions of Sec­
tion 25 shall remain unaffected. 
(2) The power of attorney shall be filed in writing at 
the Court with the documents of the case. It may be filed 
later: the Patent Court may set a time limit for this 
purpose. 
(3) The lack of a power of attorney may be raised at 
any stage of the proceedings. The Patent Court shall ex 
officio consider the lack of a power of attorney if an 
attorney-at-law or patent attorney does not appear as the 
representative. 
98. In proceedings before the Patent Court. the Law on 
Court Costs shall apply I11l1ratis /11l1landis with respect to 
expenses. 
99.-( I) In the absence of provisions in this Law 
concerning proceedings before the Patent Court. the Judi­
ciary Act and the Code of Civil Procedure shall apply 
mlltatis f1lIltQlIdis unless the special nature of the proceed­
ings before the Patent Court does not so permit. 
(2) Appeals from decisions of the Patent Court shall 
lie only to the extent permitted under this Law. 
(3) For the grant to other persons of permission to 
inspect the files of the case. Section 31 shall apply mutatis 
mlllandis. The request for permission shall be decided by 
the Patent Court. Permission to inspect the files of 
proceedings for obtaining a declaration of nullity of a 
patent shall not be granted if and to the extent that the 
patentee proves an interest to the contrary worthy of 
protection. 
(4) The provisions of the Judiciary Act on court vaca­
tions shall not apply. 
GERMANY -Text 2-002. INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
Part VI 
Proceedings Before the 
Federal Court of Justice 
I. Procedurc ill Respcct of 
Appeals 011 Poi1l1S of Law 
100.-( I) An appeal on ~ point of law from decisions 
of the Chambers of Appeal of the Patent Court in respect 
of an appeal under Section 73 shall lie to the Federal 
Court of Justice if the Chamber of Appeal in its decision 
has given leave to appeal on (he point of law. 
(2) Appeal on a point of bw shall be permitted if 
1. an issue of law of basic importance is to be decided 
or 
2. the further development of the law or the assurance 
of uniform judicial practice requires a decision by 
the Federal Court of Ju~tice. 
(3) Leave to appeal on a point of law from the deci­
sions of the Chambers of Appeal of the Patent Court shall 
not be required if one of the following procedural defects 
is present and denounced: 
1. if the court which rendered the decision was not 
properly constituted. 
2. if a judge having participated in rendering the deci­
sion was excluded by law from the exercise of judi­
cial office or. because of the possibility of 
partiality. had been successfully challenged, 
3. if a party to the proceedings was not represented 
according to the provisions of the law. unless he 
expressly or tacitly agreed with the conduct of the 
proceedings, 
4. if the decision was made on the basis of a hearing 
in which the provisions on the publicity of proceed­
ings were violated or 
5. if the decision does not st3te the grounds there for. 
101.-( I) The right to appeal on a point of l3w shall 
belong to the parties to the proceedings on appeal. 
(2) The only basis for an appeal on a point of law 
shall be the argument that the decision is founded on a 
breach of the law. Sections 550 and 551. items I to 3 and 
5 to 7, of the Code of Ci\'il Procedure shall apply mlllatis 
mutandis. 
102.-( I) An appeal on a point of law shall be lodged 
in writing with the Feder3l Court of Justice within one 
month after service of the decision. 
(2) In proceedings concerning appeals on points of law 
before the Federal Court of Justice. fees and expenses 
shall be determined by the provisions of the Law on COllrt 
Costs. There shall be levied. for the proceedings. a full fee 
which shall be calcul3ted according to the rates applicable 
to proceedings in appeal instance cases. The provisions of 
GERMANY -Text 2-002. IP/N/lIDEU/P/1 
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INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
Section 144 on the assessment of value in dispute shall 
apply mutatis mW(llldis. 
(3) An appeal on a point of law shall state the grounds 
on which it is based. The period allowed for stating the 
grounds shall be one month: it shall commence with the 
filing of the appeal on a point of law and may. upon 
request. be extended by the presiding judge. 
(4) The statement of the grounds for the appeal on a 
point of law must contain: 
I. a declaration as to the extent to which the decision 
is contested and if the modification or reversal 
thereof is requested: 
2. designation of the violated rule of law; 
3. where the basis for the appeal on a point of law is 
the argument that the law was violated in respect of 
procedure. a statement of the facts constituting the 
defect. 
(5) The parties shall be represented before the Federal 
Court of Justice by an attorney-at-Iaw admitted to practice 
before the Court as authorized representative. At the 
request of any party, the latter's patent attorney shall be 
given leave to speak. Section 157( I) and (2) of the Code 
of Civil Procedure shall not apply in this event. Sec­
tion 143(5) shall apply mlltatis mlllalldis. 
103. An appeal on a point of law shall have a staying 
effect. Section 75(2) shall apply mwatis mutandis. 
104. The Federal Court of Justice shall examine ex 
officio whether an appeal on a point of law is in itself 
admissible and whether it has been filed and the grounds 
therefor have been stated in the form provided by law and 
within the prescribed time limit. If any of these require­
ments is lacking. the appeal on a point of law shall be 
dismissed as inadmissible. 
105.-( I) Where more than one person is party to the 
proceedings in respect of an appeal on a point of law. the 
appeal ancl the statement of the grounds there for shall be 
served on the other parties. with the request to file decla­
rations. if any. in writing with the Federal Court of Justice 
within a given period after service. The date on which the 
appeal was filed shall be communicated with the service 
of the appeal on a point of law. The appellant shall file 
the required number of certified copies together with the 
appeal or the statement of the grounds for the appeal. 
(2) If the President of the Patent Office is not a party 
in an appeal on a point of law. Section 76 shall apply 
mlltatis l1I111alldis. 
106.-( I) In proceedings in respect of an appeal on a 
point of law. the provisions of the Code of Civil Proce­
dure re!!arding exclusion and challenge of members of the 
Court, ;uthortzed representatives and legal assistants. ex­
officio service of documents. summonses. sessions and 
DE IP/N/lIDEU/P/l 
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IN'DUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
time limits. and reinstatement. shall apply IIllltatis 
mutandis. In the case of reinstatement. Section 123(5) 
shall apply mutatis nlwalldis. 
(2) For the publicity of proct!etiings, Section 69( I ) 
shall apply mutatis I11l1lalldis. 
107.-( 1) An appeal on a point of law sha11 be the 
subject of a decision: such decision may be rendered 
\vithout a hearing. 
(2) The Federal Court of Justice shall be bound. when 
rendering its decision. by the facts established in the deci­
sion appealed from, except when admissible and substanti­
ated grounds for an appeal on a point of law are put 
forward in relation to such facts. 
(3) The decision must state the grounds on which it is 
based and shall be served ex oJjicio on the parties. 
108.-( I) In the event of reversal of the decision 
appealed against. the case shall be referred back to the 
Patent Court for a further hearing and decision. 
(2) The Patent Court shall be bound to base its deci­
sion on the legal opinion on \vhich the reversal is based. 
109.-( I) Where more than one person is party to the 
proceedings relating to an appeal on a point of law. the 
Federal Court of Justice may. at its equitable discretion. 
decide that the costs necessary for the appropriate final 
disposal of the case shall be borne in whole or in pan by 
one of the parties if and to the extent that this is equitable. 
If the appeal is rejected or dismissed as inadmissible, the 
costs arising from the appeal shall be awarded against the 
appellant. Costs arising from gross negligence by one of 
the parties shall be awarded against that party. 
(2) Costs may only be awarded against the President 
of the Patent Office if he lodged the appeal on a point of 
law or made petitions in the proceedings. 
(3) In other respects. the provisions of the Code of 
Civil Procedure relating to the procedure for the assess­
ment of costs and execution of decisions regarding the 
assessment of costs shall apply mUTatis mutandis. 
2. Procedure Oll Appeal 
110.-(1) An appeal sha11 lie to the Federal Court of 
Justice from the judgments of the Nullity Chambers of the 
Patent Coun (Section son. It shall be filed in writing with 
the Patent Court within one month after service of the 
decision. Within this period. a fee as prescribed by the 
schedule of fees shall be paid: if the fee is not paid, the 
appeal shaH be deemed not to have been filed. 
(2) In proceedings before the Federal Coun of Justice. 
fees and expenses shall be levied in accordance with the 
DE INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
provisions of the Law on Court Costs. The fees shall be 
calculated according to the rates which apply to proceed­
ings in appeal instance cases. However. instead of a 
double fee. a quadruple fee sha11 be collected for a judg­
ment. The provisions of Section 144 on the assessment of 
value in dispute shall apply Illlllatis 11I11lafldis. The fee paid 
for the filing of the appeal shall be set off against the 
Federal Court of Justice fees: it shall not be refunded. 
(3) In the judgment. provision shall also be made for 
the costs of the proceedings. The provisions of the Code 
of Civil Procedure concerning procedural costs shall apply 
IIllltatis l1Iutandis. insofar as equity does not require other­
wise: the provisions of the Code of Civil Procedure 
relating to the procedure for the assessment of costs and 
execution of decisions regarding the assessment of costs 
shall apply mlltatis I1llllandis. 
(4) Decisions of the Nullity Chambers shall only be 
subject to appeal together with the final judgments 
(Section 84); Section 71 (3) of the Code of Civil Procedure 
sha11 not apply. Section 112(2) shall not be affected. 
111. An appeal must contain the motions of appeal 
and statement of the new facts and means of establishing 
evidence which the appellant wishes to introduce. 
112.-( I) If an appeal is not received in due time. or is 
not drawn up in the Gennan language or does not contain 
the motions of appeal. the Patent Coun shall dismiss the 
appeal as inadmissible. 
(1) The appellant may. within' one week after service 
of such decision. request a decision by the Federal COUI1 
of Justice. 
113.-(1) The Patent Court shall serve the appeal upon 
the appellee with a request to file his written declaration 
\vith the Patent Coun within one month after service. The 
date on which the appeal was filed shall be communicated 
with the service of the appeal. The appellant shall file the 
required number of certified copies together \vith the 
appeal. 
(2) The declaration of the appellee shall contain the 
counter motions and statement of the new facts and 
evidence which the appellee wishes to introduce. 
114. The Patent Coun shall submit the files of the case 
to the Federal Court of Justice and notify the parties 
thereof \vhile communicating the counter declaration to the 
appellant. 
115.-( I) The Federal Court of Justice shall have 
discretion to take all measures necessary for the investiga­
tion of the case. It shall not be bound by the factual state­
ments and offers of proof of the panies. 
(2) Evidence may also be taken through the internle­
diary of the Patent Coun. 
GERMANY -Text 2-002. INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
116.-( I) The judgment of the Federal Court of Justice 
shall be rendered on the basis of a hearing. Section 69(2) 
shall apply mutatis mutandis. 
(1) fhe summons shall bl' served with at least two 
weeks' notice. 
(3) The hearing may be dispensed with if 
I. the parties consent: 
2. a party is to be declared to have forfeited the legal 
remedy or 
3. only the costs are to be decided. 
117.-( I) The introduction of new facts and evidence at 
a hearing shall be admissible only to the extent that it 
results from the factual statements of the appellee in the 
written declaration. 
(2) The Federal Court of Justice may also consider 
facts and evidence which the parties are forbidden to 
invoke. 
(3) Section 115 shall be applicable if any additional 
evidence is required to be taken. 
(4) When the judgment is to be based upon factors 
which have not been discussed by the parties. they shall 
be given an opportunity to express their views thereon. 
118.-( 1) Facts alleged by one party on which the other 
party has made no statement may be deemed to be proven. 
(2) If none of the parties appears at the hearing. the 
judgment shall be based on the files. 
119.-( I} At the hearing. minutes shall be taken which 
shall record the general course of the proceedings. 
(2) The minutes shall be signed by the presiding judge 
and the registrar of the Court. 
120.-( I) The judgment shall be pronounced at the 
hearing that concludes the proceedings or at a hearing 
whose date shall be fixed forthwith. 
(2) If pronouncement of the grounds for the decision is 
deemed appropriate. it shall take the fonn of a reading of 
such grounds or an oral communication of the essential 
elements thereof. 
(3) The judgment shall be served ex officio. 
121.-( I) Parties shall be represented before the Federal 
Court of Justice by an attorney at law or a patent attorney 
holding their power of attorney. 
en The representative shall be pennitted to appear 
accompanied by a technical advisor. 
GERi--lANY -Text 2-001. IP/N/lIDEU/P!1 
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INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
3. Special Procedure 011 Appeal 
122.-( I) An appeal from decisions of the Nullity 
Chambers of the Patent Court on the issue of provisional 
orders in proceedings relating to the grant of a compulsory 
license (Section 85) shall lie with the Federal Court of 
Justice. The first sentence of Section 110(-+) shall apply 
mutatis mutandis. 
(2) An appeal shaH be lodged in writing with the 
Patent Court within one month after service of the deci­
sion. Within this period. a fee as prescribed by the 
schedule of fees shall be paid: if the fee is not paid. the 
appeal shall be deemed not to have been filed. The first 
sentence of Section 110(2) shall apply IIII1tQris IIII1tQndis in 
respect of expenses. 
(3) The Patent Court shall submit the appeal to the 
Federal Court of Justice \vithout expressing an opinion as 
to its merits. 
(4) Sections N( I). 84 and 115 to 121 shall apply 
mutatis tIllltandis with respect to the proceedings before 
the Federal Court of Justice. 
Part VII 
Common Provisions 
123.-( I) Any person \\/ho, through no fault of his 
own, has been prevented from observing a time limit. 
default of which is detrimental to his rights according to 
the provisions of the law. shall. on request. be reinstated. 
This provision shall not apply to the time limit for filing 
an opposition (Section 59(1). to the time limit allowed an 
opponent for filing an appeal against the maintenance of a 
patent (Section 73(2» or to the time limit for filing patent 
applications for which a priority may be claimed. 
(1) Reinstatement shall be requested in writing within 
two months after the removal of the impediment. The 
request shall state the facts upon which the reinstatement 
may be based: these facts must be established to the satis­
faction of the Court in the request or in the procedure on 
the request. The action in default shall be made good 
within the time limit for the request: if this is done. rein­
statement may be granted without a request. After one 
year from the expiration of the time limit which has not 
been observed, reinstatement may no longer be requested 
and the action in default may no longer be made good. 
(3) A decision on the request shall be taken by the 
authority that is required to decide on the action to be 
made good. 
(4) The decision on reinstatement shall not be appeal­
able. 
(5) Any person who. in Gennany. has in good faith 
exploited the subject matter of a patent which. as a result 
DE IP/N/lIDEU IP 11 
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INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
of reinstatement, has re-entered into force in the period 
between the lapsing and the re-entry into force of the 
patent or has, within that period, made the necessary 
arrangements for such purpose. shall be entitled to 
continue to exploit the subject matter of the patent for the 
needs of his own business in his own or the plants or 
workshops of others. This entitlement may only be inher­
ited or transferred together with the business. 
(6) Subsection (5) shall apply mIltatis mlifalldis if. as a 
result of reinstatement. the provisions of Section 33( I) 
again become effective. 
124. In proceedings before the Patent Office. the 
Patent Court and the Federal Court of Justice. the parties 
shall make their statements on questions of fact fully and 
truthfully. 
125.-( I) If an opposition or action for a declaration of 
nullity of a patent is based upon the assertion that the 
subject matter of the application or of the patent is not 
patentable under Section 3. the Patent Office or the Patent 
Court may require that originals. photocopies or certified 
copies of the publications mentioned in the opposition or 
in the action which are not available at the Patent Office 
or Patent Court be furnished. in one copy each, for the 
Patent Office or Patent Court and for the parties to the 
proceedings. 
(2) Uncertified or certified translations of publications 
in a foreign language shall be produced when required by 
the Patent Office or Patent Court. 
126. The language of the Patent Office and Patent 
Court shall be German. Communications in other 
languages shall not be considered. In other respects, the 
provisions of the Judiciary Act concerning the language of 
the courts shall be applicable. 
127.-( I) For the purpose of the service of documents 
in proceedings before the Patent Office and the Patent 
Court, the provisions of the Law on Service in Adminis­
trative Procedures shall apply, subject to the following 
conditions: 
DE 1. If acceptance of service by registered letter is 
refused without such grounds as are provided by 
law, service shall nevertheless be deemed to have 
been effected: 
2. Service on addressees residing abroad may also be 
effected by mail in accordance with Sections 175 
and 213 of the Code of Civil Procedure: 
3. For the purposes of service upon holders of certifi­
cates of representation (Section 177 of the Patent 
Attorney Regulations). Section 5(2) of the Law on 
Service in Administrative Procedures shall apply 
mlllatis mllfalldis: 
4. Documents may also be served on addressees for 
whom a mail box has been installed at the Patent INDUSTRIAL PROPERTY 
LA \VS AND TREATIES 
Office or at the Patent Court, by depositing the 
documents in the mail box of the addressee. A 
written statement relating to the deposit shall be 
adJed to the files of the case. The time of the 
deposit shall be recorde:.i on the document. Service 
shall be deemed to have been effected on the third 
day after deposit in the mail box: 
5. If a representative has been appointed and the 
written power of attorney has been included in the 
files, the documents shall be served on the repre­
sentative. 
(2) Section 9( I) of the Law on Service in Administra­
tive Procedures shall not apply if service initiates the 
period allowed for the filing of an appeal (Section 73(2), 
122(2)), an appeal on a point of law (Section 102(1», an 
appeal under special procedure (Section 110(1)) or for the 
request for a decision by the Federal Court of Justice 
(Section 112(2). 
128.-( I) The courts shall be required to furnish legal 
assistance to the Patent Office and the Patent Court. 
(2) In proceedings before the Patent Office, the Patent 
Court shall, at the request of the Patent Office, prescribe 
orders or coercive means against witnesses and experts 
who fail to appear or who refuse to give evidence or to 
give it under oath. Enforcement of the summons served on 
a witness who has failed to appear shall likewise be 
ordered. 
(3) A Chamber of Appeal of the Patent Court 
composed of three legal members'shall pronounce on the 
request made under subsection (2). Pronouncement in such 
case shall take the form of a decision. 
Part VIII 
Legal Aid 
129. In proceedings before the Patent Office. the 
Patent Court and the Federal Court of Justice, parties shall 
be granted legal aid in accordance with the provisions of 
Sections 130 to 138. Nationals of foreign States. with the 
exception of Member States of the E~ropean Communi­
ties, shall obtain legal aid only insofar as reciprocity is 
guaranteed. 
130.-( I) In proceedings for the grant of a patent. an 
applicant for a patent shall. on request, subject mutatis 
mutandis to Sections 114 to 116 of the Code of Civil 
Procedure. be granted legal aid if there are adequate 
prospects that the patent will be granted. Payments shall 
be made to the Federal Treasury. 
(2) The grant of legal aid shall have the effect that the 
legal consequences resulting from the non-payment of the 
fees which are the subject of legal aid shall not come into 
effect. Section 122(1) of the Code of Civil Procedure shall 
also apply mutatis mllwndis. 
GERMANY -Text 2-002, INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
(3) Where more than one person applies for a patent 
jointly. legal aid shall be granted only if all the applicants 
for the patent comply with the requirements of subsec­
tion (I). 
(4) If the applicant for the patent is not the inventor or 
his sole successor in title. legal aid shall be granted only if 
the inventor also complies with the requirements of 
subsection ( I ). 
(5) On request. as many annual fees shall be included 
in the legal aid. in lieu of a delay granted or to be granted 
under Section IS( I), as are necessary to avoid a limitation 
opposing a grant of legal aid under Section 115(6) of the 
Code of Civil Procedure. The installments paid shall be set 
off against the annual fees only when the costs of the 
patent granting procedure. including costs possibly arising 
for an appointed representative. are covered by the 
payment of the installments. To the extent that the annual 
fees shall be considered paid by the payment of the 
installments. Section 19 shall apply mutatis nIutandis. The 
first sentence shall apply 11 III tat is mutandis to the inclusion 
of the fees in the legal aid under Section 23(4). third 
sentence. and (5). second sentence. 
(6) Subsections (I) to (3) shall apply mutatis mutandis 
in cases specified in Sections 43 and 44 to the third party 
filing the request if that third p:lrty can substantiate a 
personal interest worthy of protection. 
131. In proceedings for limitation of a patent (Sec­
tion M). the provisions of Section 130(1), (2) and (5) shall 
apply mutatis mutandis. 
132.-( I) In proceedings for OppOSltlon (Sections 59 
to 62). a patentee shall. on request. be granted legal aid. 
subject 17l1llatis mutandis to Sections 114 to 116 of the 
Code of Civil Procedure and Section 130( I), second 
sentence. and (2), (4) and (5). No account shall be taken 
of whether the legal defense offers adequate prospects of 
success. 
(2) The first sentence of subsection (I) shall apply 
lIIutatis mlllandis to the opponent and to the third party 
intervening under Section 59(2) as well as to the parties in 
procedures for nullity or forfeiture of a patent or for a 
compulsory, license if the person making the request can 
substantiate a personal interest worthy of protection. 
133. A party \\'ho has been granted legal aid in accor­
dance with the provisions of Sections 130 to 132 may. on 
request. be assigned a patent attorney or attomey-at-Iaw of 
his choice who is prepared to represent him. or. on 
express demand. a holder of a certiticate of representation. 
if such assignment appears necessary for the proper 
h:mdling of the proceedings or a party with contrary inter­
ests is represented by a patent attorney. an attomey-at-Iaw 
or a holder of a certificate of representation. Sec­
tion 121(3) and (4) of the Code of Civil Procedure shall 
apply lIlutatis mutalldis. 
GERivlANY -Text 2-002. IP/N/lIDEUIPll 
Page 25 
INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
134. If a request for the grant of legal aid in accor­
dance with Sections 130 to 132 is filed prior to the expira­
tion of a period prescribed for the payment of a fee. that 
period shall be interrupted until the expiration of one 
month after service of the decision on the :equest. 
135.-( I) A request for the grant of legal aid shall be 
filed in writing with the Patent Office or the Patent Court. 
In proceedings under Sections 110 and 122. the request 
may also be filed with the Federal Court of Justice if the 
Patent Court has transmitted the files of the case to that 
Court. 
(2) The decision on a request shall be made by the 
authority competent for the proceedings in respect of 
which legal aid is sought. However. the decision on the 
request shall be made by the Patent Court. in proceedings 
under Section 110. if the appeal under Section 112 is to be 
dismissed as inadmissible. 
(3) Decisions rendered under Sections 130 to 133 shall 
not be appealable except for decisions of the Patent Divi­
sion refusing the grant of legal aid or the assignment of a 
representative under Section 133: an appeal on points of 
law shall be excluded. Section 127(3) of the Code of Civil 
Procedure shall apply mutatis mlltandis to proceedings 
before the Patent Court. 
136. The provisions of Sections 117(2) to (4), 118(2) 
and (3), 119 and 120(1), (3) and (4). as well as Sec­
tions 124 and 127(1) and (2) of the Code of Civil Proce­
dure. shall apply mlllatis mlllandis. In opposition proceed­
ings and in proceedings for obtaining a declaration of 
nullity or forfeiture of a patent or for grant of a compul­
sory license. the same shall also apply to Sections 117(1), 
second sentence. 118(1). 122(2), and Sections 123, 125 
and 126 of the Code of Civil Procedure. 
137. Legal aid may be withdrawn if the invention filed 
or protected by a patent. with reference to which legal aid 
has been granted. is commercially exploited through 
assignment. use. licensing or in any other way. and the 
income earned thereby has so altered the circumstances 
relevant for the granting of legal aid that the payment of 
the costs of proceedings can reasonably be expected to be 
paid by the party concerned: this shall also apply after the 
end of the period laid down in Section 124, item 3, of the 
Code of Civil Procedure. The party to whom legal aid has 
been granted shall be obliged to reveal every commercial 
exploitation of the relevant invention to the authority 
which made the decision on the grant. 
138.-( I) In proceedings relating to appeals on points 
of law (Section 100). the right to legal aid shall be granted 
to a party. upon request. under Sections 114 to 116 of the 
Code of Civil Procedure tIllltatis IIllltandis. 
(2) The request for the grant of legal aid shall be filed 
in writing with the Federal Court of Justice: it may also be 
DE IP/NIlIDEU/PI 1 
Page 26 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
declared before and recorded at the registrar's office of the 
Court. The Federal Court of Justice shall decide on the 
request. 
(3) In other respects. the provisions of Sections 130(2), 
(3). (5) and (6). 133. i3 .. L 136 and 137 shall apply nIl/tatis 
mutandis. provided that only an attorney-at-Iaw admitted 
to practice before the Federal Court of Justice may be 
assigned to a party who has been granted legal aid. 
Part IX 
Infringement 
139.-( I) Any person who exploits an invention 
contrary. to Sections 9 to 13 may be sued by the injured 
party to enjoin such use. 
(2) Any person who undertakes such action intention­
ally or negligently shall be liable for compensation to the 
injured party for the damage suffered therefrom. If the 
infringer is charged with only slight negligence, the court 
may fix. in lieu of compensation. an indemnity within the 
limits of the damage to the injured party and the profit 
which has accrued to the infringer. 
(3) If the subject matter of a patent is a process for 
obtaining a new product. the same product when produced 
by any other party shall. in the absence of proof to the 
contrary, be deemed to have been obtained by the patented 
process. In the adduction of proof to the contrary, the 
legitimate interests of the defendant in protecting his 
manufacturing and business secrets shall be taken into 
account. 
140. If, prior to the grant of a patent. rights based on 
an application the files of which may be inspected by any 
person (Section 31 (I). the second half of the second 
sentence and (2» are claimed in court proceedings. and if 
the decision on the litigation depends on whether an action 
exists under Section 33( I), the Court may order that the 
proceedings be deferred until the decision is made on the 
grant of the patent. If a request for examination pursuant 
to Section 44 has not been filed, the Court may, at the 
request of the opposing party. give a time limit for filing 
the request for examination to the party claiming rights on 
the basis of the application. If the request for examination 
is not filed within that time limit, the rights deriving from 
the application involved in the litigation may ;ot be 
claimed. 
140a.-(l) In the cases covered by Section 139, the 
injured party may require destruction of the product that is 
the subject matter of the patent and that is in the posses­
sion of the infringer or is his property unless the 
infringing nature of the product can be removed in some 
other way and its destruction would be disproportionate in 
the individual case for the infringer or the owner. The first 
sentence shall also apply in the case of a product that has 
DE INDUSTRIAL PROPERTY 
LAWS AND TREATIES 
been directly manufactured by means of a process that is 
the subject matter of the patent. 
(2) The provisions of subsection (I) shall apply 
mlltatis mlltandis to devices that are tile propl!rty of the 
infringer and that arc used or intended exclusively or 
almost exclusively for the unlawful manufacture of a 
product. 
140b.-( 1) Any person who uses a patented invention 
in contravention of Sections 9 to 13 may be required by 
the injured party to give information as to the origin and 
distribution channels of the product used. without delay. 
except where disproportionate in the individual case. 
(2) The person required to give information under 
subsection (1) shall give particulars of the name and 
address of the manufacturer, the supplier and other prior 
owners of the product, of the trade customer or of the 
principal, as also in respect of the quantity of products that 
have been manufactured. dispatched. received or ordered. 
(3) In those cases where infringement is obvious, the 
obligation to provide information may be imposed by an 
injunction in compliance with the Code of Civil Proce­
dure. 
(4) Such information may only be used in criminal 
proceedings or in proceedings under the Law on Minor 
Offenses against the person required to give information. 
or against a dependent person under Section 52( I) of the 
Code of Criminal Procedure, in respect of an act 
committed before the infonnation was given, with the 
consent of the person required to give the information. 
(5) Further claims to information shall remain unaf­
fected. 
141. Actions for infringement of the rights in a patent 
shall become statute-barred after three years from the time 
when the claimant obtains knowledee of the infringement 
and of the identity of the infringe~r and, irrespective of 
such knowledge, after 30 years from the infringement. 
Section 852(2) of the Civil Code shall ap·ply mutatis 
m lIIa11 dis. If the infringer has obtained anything through 
the infringement at the expense of the claimant. the 
infringer shall be liable, even after expiration of the renn 
of limitation. for restitution in accordance with the provi­
sions on the surrender of unjust enrichment. 
142.-( I) Any person who, without the necessary 
consent of the patentee or the holder of the supplementary 
certificate of protection (Sections 16a and 49a) 
1. makes or offers. puts on the market, uses or imports 
or stocks for these purposes a product which is the 
subject matter of a patent or a supplementary certif­
icate of protection (Section 9. second sentence, item 
1) or 
2. uses or offers for use within the territory to which 
this Law applies a process which is the subject 
GERMANY -Text 2-002, INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
matter of a patent or a supplementary certificate of 
protection (Section 9. second sentence. item 2). 
shall be liable to imprisonment not exceeding one year or 
a fine. 
The first sentence. item I. shall also apply if there is a 
product which has been directly produced by a process 
which is the subject matter of a patent or a supplementary 
certificate of protection (Section 9. second sentence. 
item 3). 
(2) Where the offender acts by way of trade. he shall 
be liable to imprisonment of up to live years or a fine. 
(3) The attempt to commit such an offense shall be 
punishable. 
(4) Offenses under subsection (1) shall only be prose­
cuted on complaint unless the prosecuting authorities deem 
that ex officio prosecution is justified in view of the partic­
ular public interest. 
(5) Objects implicated in an offense may be confis­
cated. Article 74a of the Penal Code shall apply. Where 
the claims referred to in Section l40a are upheld in 
proceedings under the provisions of the Code of Criminal 
Procedure with regard to compensation of the injured 
party tSections 403 to 406c). the provisions on confisca­
tion shall not be of application. 
(6) If a penalty is pronounced. the Court shall. at the 
request of the injured party and if the latter can show a 
justified interest. order publication of the judgment. The 
nature of the publication shall be laid down in the judg­
ment. 
142a.-( 1) A product that infringes a patent protected 
under this Law shall be subject. at the request of the 
holder of the rights and against his security. to seizure by 
the customs authorities. on import or export. in those cases 
where the infringement is obvious. This pnwision shall 
apply in trade with other Member States of the European 
Economic Community only insofar as controls are carried 
out by the customs authorities. 
(2) Where the customs authorities order a seizure. they 
shall advise the person entitled to dispose and also the 
petitioner thereof without delay. The origin, quantity and 
place of storage of the product. together with the name 
and address of the person entitled to dispose. shall be 
communicated to the petitioner: the secrecy of correspon­
dence and of mail (Section 10 of the Basic Law) shall be 
restricted to that extent. The petitioner shall be given the 
opportunity to inspect the product where such inspection 
does not constitute a breach of commercial or trade 
secrecy. 
(3) Where no opposition to the seizure is made. at the 
latest within two weeks of service of the notification under 
the first sentence of subsection ( I). the customs authorities 
shall order confiscation of the seized product. 
GER~\'fANY -Text 2-002. IP/NI1 IDEU IPI 1 
Page 27 
I:-.IDUSTRIAL PROPERTY 
LA WS AND TREATIES 
(4) If the person entitled to dispose opposes seizure. 
the customs authorities shall inform the petitioner thereof 
without delay. The petitioner shall be required to declare 
to the customs authorities. without delav. whether he 
maint~ins the request under subsection (I j in respect of 
the seized copies. 
I. If the petitioner withdraws his request. the customs 
authorities shall lift the seizure without delav. 
2. If the petitioner maintains his request and-submits 
an executable court decision orderin2: the 
impounding of the seized copies or the limit;tion of 
the right to dispose. the customs authorities shall 
take the necessary measures. 
Where neither of the cases referred to in items I and 2 is 
applicable. the customs authorities shall lift the seizure on 
the expiry of two weeks after service of the notification to 
the petitioner under the first sentence: where the petitioner 
can show that a court decision according to item 2 has 
been requested. but has not yet been received. the seizure 
shall be maintained for a further two weeks at most. 
(5) Where the seizure proves to have been unjustified 
from the beginning and if the petitioner has maintained the 
request under subsection (I) in respect of the seized 
product or has not made a declaration without delay 
(second sentence of subsection (4». he shall be required to 
compensate the damages that seizure has occasioned to the 
person entitled to dispose. 
(6) The petition under subsection (I) is to be 
submitted to the Regional Finance Office and shall be 
effective for two years unless a shorter period of validity 
has been requested: the request may be repeated. The cost 
of official acts related to the request shall be charged to 
the petitioner in accordance with Section 178 of the Fiscal 
Code. 
(7) Seizure and confiscation may be opposed by the 
legal remedies allowed by the fixed penalty procedure 
under the Law on ~finor Offenses in respect of seizure 
and confiscation. The petitioner shall be heard in the 
review proceedings. An immediate appeal shall lie from 
the decision of the Local Court: it shall be heard by the 
Provincial High Coun. 
Part X 
Procedure in Patent Litigation 
143.-( I) For all actions whereby a claim arising out of 
one of the legal relationships regulated in this Law is 
asserted (patent litigation). the civil chambers of the 
regional courts shall have exclusive jurisdiction without 
regard to the value in dispute. 
(2) The Governments of the Uillder shall have power 
to allot by statutory order patent litigation for the areas of 
several regional courts to one such court. The Govern-
DE IP/NI lIDEU/PI 1 
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INDUSTRIAL PROPERTY 
AND COPYRIGHT -FEBRUARY 1996 
ments of the Uinder may transfer those powers to the 
provincial administrations of justice. 
(3) Where an appeal is lodged against a decision of 
the court in patent litigation. the parties may also be repre­
sented before the Court of Appeal by attorneys-at-law 
admitted to practice before the Provincial High Court that 
would have heard the appeal in the absence of a ruling 
under subsection (2).1 
(4) Any additional costs incurred by a party arranging 
to be represented. as provided in subsection (3). by an 
attorney-at-law not admitted to practice in the court 
hearing the case shall not be refunded. 
(5) Of the costs arising from the collaboration of a 
patent attorney in the case. fees up to the amount of a full 
fee according to Section 11 of the Federal Regulations on 
Fees for Attorneys-at-Law shall be refunded. as shall the 
necessary expenses of the patent attorney. 
144.-( I) If, in a patent case. a party satisfies the Court 
that the awardin2 of the costs of the case a2ainst him 
according to the full value in dispute would c~nsiderably 
endanger his financial position. the Court may. at his 
request, order that party's liability to pay court costs to be 
adjusted in accordance with a portion of the value in 
dispute that shall be appropriate to his financial position. 
As a result of the order. the favored patty shall likewise 
be required to pay the fees of his attorney-at-law only in 
accordance \\ith that portion of the value in dispute. To 
the extent that tht: costs of the case are awarded against 
him or to the exten: to which he assumes such costs. he 
I Subsection (3) will enter into force on January I. :WOO. 
for the following Uilldcr of Germany: Baden-WUrttemberg. 
Bavaria. Berlin. Bremen. Hamburg. Hessen. Lower Saxony. 
North-Rhine Westphalia. Rhineland Palatinate. Saarland and 
Schleswig-Holstein: it will enter into force on January I. 2005. 
for the other Lal/der (Editor's I/Ole). 
DE INDUSTRIAL PROPERTY 
LA WS AND TREATIES 
shall be required to refund the court fees paid by the 
opposing pmty and the fees of the latter's attorney-at-law 
only in accordance with that portion of the value in 
dispute. To the extent that the extrajudicial costs are 
ordered to be paid by the opposing party or are assumed 
by that party. the attorney-at-law of the favored party may 
recover his fees from the opposing party in accordance 
with the value in dispute applying to the latter. 
(2) The request under subsection (I) may be declared 
before and recorded at the registrar's office of the Court. 
It shall be presented before the substance of the case is 
heard. Thereafter. it shall only be admissible if the 
presumed or fixed value in dispute is subsequently 
increased by the court. Before the decision on the request 
is given, the opposing party shall be heard. 
145. Any person who has brought an action pursuant 
to Section 139 may bring a further action against the 
defendant on account of the same or a similar act on the 
basis of another patent only if. through no fault of his 
own. he was not in a position to assert that patent also in 
the earlier suit. 
Part XI 
Advertising of Patent 
146. Any person who places on articles or their pack­
aging a marking of such a nature 'as to create the impres­
sion that the articles are protected by a patent or a patent 
application pursuant to this Law. or any person who uses a 
marking of such a nature in public notices. on signboards. 
on business cards or in similar announcements. shall be 
required to give on demand. to any person having a legiti­
mate interest in knowing the legal position. information as 
to the patent or patent application upon which the use of 
the marking is based. 
GERMANY -Text 2-002.