WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/1IDEUID/1/Add.1 
IP/N/1IDEU/P/1/Add.2 
IP/N/1IDEU/P/3/ Add.1 
IP/N/1IDEU/P/4/Add.2 
IP/N/1IDEU/T/1/Add.1 
IP/N/1IDEU/T/2/ Add.1 
6 February 2004 
(04-0448) 
Original: English! 
anglaisl 
ingIes 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
GERMANY 
Addendum 
The present document reproduces the textl of the Second Law to Amend the Patent Law and other 
Laws of 16 July 1998, as notified by Germany under Article 63.2 of the Agreement (see document 
IP/N/lIDEU/IlRev.lI Add. 1 ). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTlFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
ALLEMAGNE 
Addendum 
Le present document contient Ie textel de la Deuxieme loi portant modification de la Loi sur les brevets 
et d'autres lois, du 16 juillet 1998, notifiee par l'Allemagne au titre de l'article 63:2 de l'Accord (voir Ie 
document IP/N/lIDEU/IlRev.lI Add. 1 ). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL P ARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
ALEMANIA 
Addendum 
En el presente documento se reproduce el texto 1 de la segunda Ley para modificar la Ley de Patentes y 
otras leyes, de 16 de julio de 1998, que Alernania ha notificado en virtud del pimafo 2 del articulo 63 del 
Acuerdo (vease el documento IP/N/lIDEUlllRev. lIAdd. 1). 
1 In English only'/En anglais seulement.!En ingles solamente. IPINIlIDEU/D/lIAdd.l, IPINIl/DEU/PIl/Add.2, 
IPINIlIDEU/P/3/Add.l, IPINIlIDEU/P/4/Add.2, 
IPINIlIDEu/T/lIAdd.l, IPINIIIDEU/T/2/Add.1 
Page 2 
Second Law 
to Amend the Patent Law 
of 16 July 1998 
The Federal Parliament has passed the following Law: 
Article 2 
Amendment of the Patent Law 
(420-1 ) 
The Patent Law in the version published on 16 December 1980 (Federal Law 
Gazette 1981 I page 1), last amended by Article 3 paragraph 1·3 of the Law of 28 
October 1996 (Federal Law Gazette I page 1546), shall be amended as follows: 
1a. In the Table of contents the titles of Parts II, III and V shall be worded as follows: 
"Part II: The Patent Office 
Part Ill: Procedure Before the Patent Office 
Part V: Proceedings Before the Patent Court 
1. Proceedings on Appeal Sections 
26 to 33 
34 to 64 
73 to 80 
2. Nullity, Forfeiture and Compulsory Licence Proceedings 81 to 85 
3. Common Rules of Procedure 86 to 99" 
1 b. Section 3 (2), first sentence item 2, shall be worded as follows: 
"2. European applications as originally filed with the competent authority, in 
which protection is sought for Germany and the -designation fee for 
Germany under Article 79 (2) of the European Patent Convention unless the 
application for a European patent is based on an international application 
and does not fulfil the conditions set out in Article 158(2) of the European 
Patent Convention;" 
1 c. In Section 16 (2), first sentence, the word "forfeiture" shall be deleted. IP/N/IIDEU/D/1/Add.l, IP/N/IIDEU/PllIAdd.2, 
IP/N/IIDEU/P/31 Add. 1 , JP/N/IIDEU/P/41 Add.2, 
JPIN/1IDEU/T/1/Add.l, JP/N/IIDEU/T/2/Add.l 
Page 3 
2. In Section 16a (2) the word "their" shall be inserted after the words "the 
compulsory: licence and" and the words "(Sections 15, 34)" shall be replaced by 
the words "(Sections 15, 30)". 
3. Section 17 (3), second sentence,shail be worded as follows: 
"If an annual fee has not been paid by the end of the last day of the second 
month following the due date, the surcharge prescribed in the schedule of fees 
shall become due." 
4. In Section 23 (2) the words "concerning the grant of a right to the exclusive use 
of the invention (Section 34 (1))" shall be replaced by the words "concerning the 
grant of an exclusive licence (Section 30 (4))". 
5. Section 24 shall be worded as follows: 
"Section 24 
(1) The non-exclusive right to the· industrial exploitation of an invention shall be 
, . 
granted by the Patent Court in an individual case in accordance with the following 
provisions (compulsory .licence) if 
1. the person seeking a licence has tried unsuccessfully with a reasonable time 
to obtain permission from the patentee to exploit the inverJtion on reasonable 
business terms, and 
2. the public interest requires the grant of a compulsory licence. 
(2) If the person seeking a licence cannot use an invention pnJtected by a 
subsequent patent without infringing the prior patent, he shall, in the framework of 
subsection (1), be entitled to the grant of a compulsory licence by the holder of the 
prior patent, so far as his own invention when compared with that of the prior 
patent exhibits important technical progress of substantial economic significance. 
The patentee can require the person seeking a licence to grant him a cross­
licence on reasonable conditions for the use of the subsequent patented invention. 
(3) In respect of a patented invention in the field of semiconductor technology 
a compulsory licence may only be granted in terms of subsection 1 if this is IPIN/l/DEU/D/1/Add.l, IPIN/1/DEU/P/l/Add.2, 
IPINII IDEU/P/3 I Add. 1 , IPIN/lIDEU/P/41 Add.2, 
IPINIIIDEU/T/I/Add.l, IPIN/l/DEU/T/2/Add.l 
Page 4 
necessary to eliminate an anti-competitive practice by the patentee which has 
been established in court proceedings or in an administrative procedure. 
(4) If the patentee does not work, or does not predominantly work, the 
patented invention in Germany, compulsory licences may be granted in terms of 
subsection (1) to ensure adequate supply of the patented product on the domestic 
market. Importation shall therefore be equivalent to the working of the patent in 
Germany. 
(5) The grant of a compulsory licence for a patent shall be permissible only 
after the grant of the patent. It may be granted subject to restrictions and made 
dependent upon conditions. The extent and duration of exploitation shall be 
~, . 
confined to the purpose for which it was granted. The patentee shall be entitled to 
remuneration from the compulsory licensee, being remuneration that is reasonable 
in the circumstances of the case and that takes account of the economic value of 
the compulsory licence. If, in cases where ~~ recurrent remuneration payments 
become. due in future, there is a substantial changE:: in the circumstances that were 
decisive for determining the level of remuneration, every participant shall be 
entitled to demand a corresponding adjustment. If the circumstances on which the 
grant of the compulsory licence was based no longer apply and if their recurrence 
is improbable, the patentee may demand forfeiture of the compulsory licence. 
(6) The compulsory licence for a patent may only be transferred together with 
the enterprise concerned with evaluation of the invention. The compulsory licence 
for an invention which is the subject of a prior patent may only be transferred with 
the subsequent patent. 
6. Section 26(2) shall be worded as follows: 
"(2) As a rule, only a person who has passed a State or academic final 
examination in a technicar or natural scientific subject in Germany as a regular 
student at a university or a technical or agricultural university or mining academy 
and who has also worked thereafter in the field of natural science or in the 
practical field for at least five years and is in possession of the requisite legal 
knowledge shall be appointed a technical member. Final examinations in another IPINIlIDEUIDII/Add.l, IPINIIIDEU/P/1/Add.2, 
IPINIlIDEU/P/31 Add.l, IPINIlIDEU/P/41 Add.2, 
IPINIlIDEU/T/I/Add.l, IPINIlIDEU/T/2/Add.1 
Page 5 
Member State of the European Union or in a Contracting State of the Convention 
Concerning the European Economic Area shall be equivalent to the final 
examination in Germany in accordance with the law of the European 
Communities." 
6a. Section 27 (5) shall be worded as follows: 
"(5) The Federal Ministry of Justice shall have power to establish by statutory 
order that officials of the higher intermediate and intermediate grades of the civil 
service as well as comparable employees shall be entrusted with the handling of 
matters within the competence of the Examining Sections or the Patent Divisions 
which present no particular technical or legal difficulties, with the exception, 
however, of the grant of a patent and the rejection of a patent application on 
grounds which the applicant has contested. The Federal Ministry of Justice may 
delegate such power by statutory order to the President of the Patent Office. 
7. Section 30 shall be amended as follows: 
a) Subsection (1) shall be worded as follows: 
U(1) 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 1,6a) and the names and addresses of applicants or of patentees and 
appointed representatives, if any (Section 25), whereby an entry made by a 
representative shall suffice. The commencement, division, expiration, lapsing, 
order for limitation, revocation, declaration of nullity of patents and 
supplementary certificates (Section 16a) as well as the filing of oppo~ition and 
of a nullity action shall also be recorded therein." 
b) Subsection (2) shall be worded as follows: 
U(2) The President of the Patent Office may require further information to be 
recorded in the Register." IPIN/IIDEU/Dil/Add.l, IPIN/l/DEUIPIl/Add.2, 
IPIN/lIDEU/P/3/Add.l, IPIN/IIDEUIP/4/Add.2, 
IP/NIlIDEU/T/1/Add.l, IPINIlIDEU/T/2/Add.l 
Page 6 
c) In subsection (3), first sentence, the words "of the applicants or the patentees 
and of theiuepresentatives" shall be replaced by the words "of the applicant or 
the patentee or his representative." 
d) The following Sections (4) and (5) shall be added: 
"(4) Upon application by the patentee or the licensee the Patent Office shall 
record in the Register the grant of an exclusive licence if proof of consent by 
the other party is furnished to the Patent Office. The application pursuant to 
the first sentence shall be inadmissible so long as there is a declaration of 
willingness to grant a licence (Section 23 (1)). The record shall b.e cancelled 
upon application by the patentee or the licensee. The patentee's application 
for cancellation shall be supported by proof of consent by the licensee 
designated when the record was made or by his successor in titl~. 
(5.) A fee as prescribed by the schedule of fees shall be paid when an 
application is made pursuant to the first or the third sentence of subsection (4); 
if the fee is not paid the application shall be deemed not to have been filed." 
8. In Section 31 (2), item 2, the words "the filing date of the application" shall be 
replaced by the words "day of application" (Section 35 (2)); 
9. Section 32 shalJ be amended as follows: 
a) In subsection (2), first sentence, the words "(Section 35 (1), items 2 to 4) shall 
be replaced by the words "and the abstract" (Section 36)". IP/N/l/DEU/D/l/Add.l, IP/N/l/DEU/P/1/Add.2, 
IP/N/l/DEU/P/31 Add. 1 , IP/N/l/DEU/P/41 Add.2, 
IP/N/l/DEU/T/l/Add.l, IP/N/l/DEU/T/2/Add.l 
Page 7 
b) In sUbsection 2 the second sentence shall be repealed. 
c) In subsection 5 the words "or the recording and cancellation of exclusive 
licences" shall be inserted after the words "expiration of the patent". 
10. Sections 34 and 35 shall be worded as follows: 
"Part III 
Procedure before the Patent Office 
Section 34 
(1) Applications for the grant of a patent for an invention shall be filed with the 
Patent Office for an invention. 
(2) Applications may also be made through a Patent Information Centre where , 
such office has been designated to accept patent applications by promulgation in 
th~ Federal Law Gazette by the Federal Ministry of Justice. An application that 
may. contain a state secret (section 93 of the Criminaf Code) shall not be filed 
through a Patent Information Centre. 
(3) The application shall contain: 
1.· the name of the applicant; 
2. a request for the grant of a patent, which shall designate the invention clearly 
and concisely; 
3. one or more claims defining the matter for which protection is sought; 
4. a description of the invention; 
5. any drawings-referred to in the claims or the description. 
(4) 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. 
(5) Applications may contain only one invention or a group of inventions 
connected with each other in such a way that they manifest a single general 
inventive idea. 
(6) A fee for the costs of the 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. IPINI1/DEUIDI1/Add.l, IPINIIIDEU/PIlIAdd.2, 
IPINIIIDEU/P/31 Add. 1 , IPINIlIDEU/P/41 Add.2, 
IPINIIIDEU/T/I/Add.l, IPINIlIDEU/T/2/Add.l 
Page 8 
(7) The Federal Ministry of Justice shaJ!have the power to issue by statutory 
order regulations concerning the form and other requirements for the application. It 
may delegate such power by statutory order to the President of the Patent Office. 
(8) 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 (3)). 
(9) The Federal Ministry of Justice shall have the power to issue by statutory 
order regulations on the deposit of biological material, on access thereto, including 
the persons entitled to access, and on renewed deposit of biological material so 
far as the invention embraces the use of biological material or concerns such 
material as is not available to the public and cannot be disclosed in the application 
in a manner fit for it to be carried out by a person skilled in the art. The Federal 
Ministry of Justice may delegate such power by statutory order to the President of 
the Patent Office. 
Section 35 
(1) If the application is not drawn up wholly or partly in German, the applicant 
shall submit a German translation within a period of three, months after filing the 
application. If the application contains a reference to drawings and if no drawings· 
are enclosed with the application, the Patent Office shall request the applicant, 
within a period of one month after service of the request, either to submit the 
drawings or to declare that any reference to the drawings shall be deemed not to 
have been made. 
(2) The filing date of the patent application shall be the day on which the 
documents pursuant to Section 34 (3), items 1 and 2, and so far as they at least 
contain information which to all appearances is to be deemed to be a description 
pursuant to Section 34 (3),itemA, were received 
1. at the Patent Office 
2. or at a Patent Information Centre if such office has been designated for 'this 
purpose by promulgation in the Federal Law Gazette by the Federal Ministry of 
Justice. 
Where the documents have not been drawn up in German, this shall only apply if 
the German translation has been received by the Patent Office within the period 
pursuant to subsection (1), first sentence; otherwise the application shall be IPINIlIDEUIDIl/Add.l, IPIN/IIDEU/P/1/Add.2, 
IPINIlIDEU/P/3/Add.l, IPINIl/DEU/P/4/Add.2, 
IPINIlIDEU/TIlI Add. 1 , IPINIIIDEU/T/2/ Add. 1 
Page 9 
deemed not to have been filed. If the applicant submits the missing drawings 
following a request pursuant to subsection (1 ),' second sentence, the filing date 
shall be the date on which the drawings were received by the Patent Office, 
otherwise any reference to the drawings shall be deemed not to have been made." 
11. In Section 36 (1) and in Section 37 (1), first sentence, the words "date of the 
filing of the application" shall be replaced by the word "filing date" in each case. 
12. In section 39 (3) the words "Sections 35 and 36" shall be replaced by the words 
"Sections 34 to 36". 
12a. Section 40 shall be amended as follows: 
a) In Section 40 (4), second half of the sentence, the words "and a copy of the 
earlier application filed" shall be deleted. 
b) The following subsection (6) shall be inserted after subsection (5): 
"(6) If there is a request for. inspection of the file of a subsequent 
application (Section 31) claiming priority for an earlier patent and utility model 
application"the Patent Office shall place a copy of the earlier patent or utility 
model application in file relating to the subsequent application." 
13. Section 41 (1) shall be worded as follows: 
"(1) Any person who, in accordance with an international agreement, claims 
priority for an-earlier foreign application for the same invention shall, within a 
period of sixteen months after the priority date, state the date, country and serial 
number of the earlier application. and file a copy of that application, if such 
action has not already been taken. Particulars may be altered within that period. 
Where the particulars are not provided in due time, the priority claim for the 
application shall be forfeited." 
14. Section 42 (1) shall be worded as follows: 
(1) If the application obviously does not comply with the requirements of 
Sections 34, 36, 37 and 38, the Examining Section shall request the applicant to 
remedy the defects within a specified period. If the application does not comply 
with the provisions on the form and on other requirements for applications IPINIl;DEUIDIl/ Add.l, IPINIlIDEUIP/l/ Add.2, 
IPIN/lIDEU/P/3/Add.l, IPINIl/DEU/P/4/Add.2, 
IPlNlliDEU/TIl/Add.l, IPINIIIDEU/T/2/Add.1 
Page 10 
(Section 34 (7)), the Examining Section may refrain from objecting to the 
defects until-the start of the examination procedure (Section 44)." 
15. In Section 44 (1) the number "35" shall be replaced by the number "34". 
16. SeCtion 45 (1) shall be amended as follows: 
a) In subsection (1), first sentence, the number "35" shall be replaced by the 
number "34". 
b) Subsection 1, second sentence, shall be repealed. 
17. In Section 48, first sentence, the words "application is maintained although" 
shall be replaced by the words "examination shows that" .. 
18. In Section 49 (1) the number "35" shall be replaced by the number "34". 
19. In Section 49a (3), first sentence, the words "Section 35 (4)" shall be replaced 
by the words "Section 34 (7)". 
20. In Section 62 (2), first sentence, the words "at the equitable discretion" shaH be 
deleted. 
20a. Section 65 (1), first sentence, shaabe worded as follows: . . 
"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 and actions for declaration of nullity of 
patents and for the grant of compulsory licences (Sections 81, 85)." 
20b. Section 66 (1), item 2, shall be worded as follows: 
"2. chambers for deciding actions for declaration of nullity of patents and for the 
grant of compulsory licences (Nullity Chambers)." 
21. In Section 73 (4), third sentence, the words "three months" shall be replaced by 
the words"one month". IPIN/1/DEU/D/1/Add.l, IPIN/1/DEU/P/l/Add.2, 
IPIN/1/DEU/P/3/Add.l, IPIN/1/DEU/P/4/Add.2, 
IPIN/1/DEU/T/1/Add.l, IPIN/1/DEU/Tl2/Add.l 
Page 11 
22. in Section 80 (1), second sentence, the words "can be reasonably considered to 
have been" shall be replaced by the word "were". 
22a. The title preceding Section 81 shall be worded as follows: 
"2. Nullity and Compulsory Licence Proceedings". 
23. Section 81 (1), first and second sentences, shall be worded as follows: 
"Proceedings for a declaration of nullity of a patent or supplementary certificate 
of protection or for the grant or revocation of a compulsory licence or for 
adjustment of the remuneration for a compulsory licence, as assessed in a 
judgment, shall be instituted by bringing legal action. The action shall be 
directed against the person recorded in the Register as patentee." 
24. In Section 85 (1) the words "Section 24 (1)" shall be replaced by the words 
"Section 24 (1) to (5)". 
25. Section 100 (3) shall be amended as follows: 
a) The following item 3 shall be-inserted after item 2: 
. " 
"3. if a participantcwas denied a hearing in accordance with the law,". 
b) The previous numbers 3, 4 and 5sha!l become numbers 4, 5 and 6. 
26. Section 102 (2) shall be amended as follows: 
"(2) In proGeedings before the Federal Court of Justice in an appeal on a 
point of law the provisions contained in Section 144 on assessment of the value 
in dispute shall apply mutatis mutandis." 
27. In Section 106 (1), first sentence, the words "Section 123 (5) shall apply" shall 
be replaced by the words "Section 123 (5) to (7) shall apply" .. 
28. Sections 110 to 114 shall be worded as follows: 
"Section 110 
(1) An appeal shall lie to the Federal Court of Justice from the judgments of 
the Nullity Chambers of the Patent Court (Section 84). IPINIlIDEUIDI 1/ Add. 1 , IPINIlIDEU/P/1/ Add.2, 
IPINIlIDEU/P/31 Add. 1 , IPINIlIDEU/P/41 Add.2, 
IPlNlllDEU/T/l/ Add. 1 , IPINIlIDEU/T/21 Add. 1 
Page 12 
(2) An appeal shall be filed with the Federa! Court of Justice by submission of 
the notice of appeal. 
(3) The time limit for an appeal shall amount to one "month. It shall commence 
with service of the judgment drawn up in complete form, and at the latest on 
expiration of five months after its pronouncement. 
(4) The notice of appeal must contain: 
1. a reference to the judgment from which the appeal lies; 
2. a declaration that an appeal has been filed against the judgment concerned. 
(5) An official copy or a certified copy of the contested judgment should be 
submitted with the notice of appeal. 
(6) Decisions of the Nullity Chambers s~all.only be subject to appeal together 
with the judgments (Section 84); Section 71 (3) of the Code of Civil Procedure 
shall not apply. 
Section 111 
(1) The appellant must give the grounds of a:ppeal. 
(2) The grounds of appeal, so far as they are not already contained in the 
n9tice of appeal, shall be filed with the Federal Court of Justice in a memorial. The 
time limit shall amount to one month; it shall commence when the appeal is filed. 
Upon a motion, the time limit may be extended by the presiding judge if he is freely 
convinced that the proceedings will not be delayed by the extension or if the 
appellant sets forth substantial grounds. 
(3) The grounds of appeal must contain: 
1. . a declaration on the extent to which the judgment is being contested and as to 
the amendments to the judgment being moved (motions of appeal); 
2. a definite description of the individual grounds to be adduced for contesting 
the judgment (grounds of appeal) as well as the new facts, the evidence and 
objections to evidence that a party is required to adduce in justification of his 
appeal. 
(4) Parties shall be represented before the Federal Court of Justice by an 
attorney at law or a patent attorney holding their power of attorney. The 
representative shall be permitted to appear accompanied by technical advisor. IPIN/l/DEUID/lIAdd.l, IPIN/l/DEU/P/l/Add.2, 
IPIN/IIDEU/P/3/Add.l, IPIN/lIDEU/P/4/Add.2, 
IPIN/IIDEU/T/l/Add.l, IPIN/l/DEU/T/2/Add.l 
Page 13 
Section 112 
(1) The notice of appeal and the grounds of appeal shall be served on the 
respondent on appeal. On service of the notice of appeal the date shall be 
indicated on which the appeal was filed. The appellant shall file the required 
number of certified copies with the notice of appeal or the grounds of appeal. 
(2) The Chamber or the presiding judge may set the respondent a time limit for 
filing a written reply to the appeal and the appellant a time limit for filing a written 
statement on thereply to the appeal. 
Section 113 
(1) The Federal Court of Justice shall examine ex officio whether the appeal is 
admissible and whether it was filed in the statutory form and within the statutory 
time limit. If one of these requirements is not met, the appeal shall be dismissed as 
inadmissible: 
(2) The decision may be given in a ruling without a hearing. 
Section 114 
If the appeal is not ruled as inadmissible, the date shall be set down for a 
hearing and shall be communicated to the parties." 
29. Section 121 shall be worded as follows: 
"Section 121 
(1) In the proceedings before the Federal Court of Justice the provisions of 
Section 144 on assessment of the value in dispute shall apply mutatis mutandis. 
(2) A decision shall also be given on the costs of the proceedings in the 
judgment. The provisicins of the Code of Civil Procedure on the costs of 
proceedings (sections 91 to 101) shall apply mutatis mutandis unless equity 
requires a different decision; the provisions of the Code of Civil Procedure on 
assessment of costs (sections 103 to 107) and" on compulsory execution of cost 
assessment orders (sections 724 to 802) shall apply mutatis mutandis." 
30. Section 122 shall be amended as follows: IP!N/IIDEUIDIlIAdd.l, IP!NIlIDEU/P/I/Add.2, 
IP!NI1 IDEU/P/3/Add.1, IP/N/lIDEU/P/4/Add.2, 
IP!N/IIDEU/T/1/Add.1, IP/N/1IDEU/T/2/Add.l 
Page 14 
a) In subsection (1), second sentence, the words "The first sentence of 
Section J 10 (4)" shall be replaced by the words "Section 110 (6)". 
b) Subsections (2), (3) and (4) shall be worded as follows: 
"(2) An appea( shall be filed in writing with the Federal Court of Justice 
within one month. 
(3) The time limit for an appeal shall commence with service of the 
judgment drawn up in complete form, and at the latest on expiration of five 
months after its pronouncement. 
(4) Sections 74 (1), 84, 110 to 121 shall apply mutatis mutandis to 
proceedings before the Federal Court of Justice." 
31. Section 123 shall be worded as follows 
a) Subsection 1 ,second sentence, shall be worded as follows: 
. . 
"This 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)) and to the time limit for filing 
patent applications for which a priority may be claimed pursuant to Section 
7 (2) and Section 40." 
b) The following subsection (7) shall be added: 
"(7) Any person who, in Germany, has .in good faith started exploiting the 
subject matter of an application, which, as a result of reinstatement, claims 
priority for an earlier foreign application (Section 41 ),in the period between 
expirationpf the term of twelve months and the re-entryi~to force of the 
priority right, or has, within that period, made the necessary arrangements 
for doing so, shall also be entitled to a right pursuant to subsection (5)." 
32. Section 126 shall be amended as follows: 
a) The first sentence shall be worded as follows: 
"The language used before the Patent Office and the Patent Court shall be 
German unless otherwise provided." 
b) The second sentence shall be repealed. 
33. Section 127 shall be amended as follows: 
a) In subsection (1) item 5 shall be deleted: IPINIlIDEUlDllIAdd.1, IPINIlIDEUIPII/Add.2, 
IPINIlIDEUIP13/Add.1, IPINIlIDEUIP14/Add.2, 
IP INIlIDEU/T III Add.1, IP INIlID EU IT 121 Add. 1 
Page 15 
b) In subsection (2) the words"Section 122 (2)" shall be replaced by the words 
"Section_ 122 (3)", the words "Section 110 (t)" by the words "Section 
110 (3), and the words "or for the application for a decision by the Federal 
Court of Justice (Section 112 (2))" shall be deleted. 
34. Section 129, second sentence, shall be repealed. 
34a. Section 132 (2) shall be worded as follows: 
"(2) The first sentence of subsection 1 shall be applied mutatis"mutandis to 
the opponent and to any person intervening pursuant to Section 59 (2) as well 
as to participants in proceedings for a declaration of nullity of a patent or in 
proceedings for the grant of a compulsory licence (Sections 81, 85) if the 
applicant furnishes prima facie evidence of his own interest warranting 
protection." 
35. Section 135 shall be amended as follows: 
a) Subsection (1) shall be worded as follows: . 
"(1) A request for the grant of legal aid shall be filed in writing with the 
Patent Office, the Patent Court or· the Federal . Court of Justice. In 
proceedings under Sections 11 o and 122, the request may also be filed on 
record before the Registry of the Federal Court of Justice." 
b) Subsection (2), second sentence, shall be repealed. 
35a. Section 136, second sentence, shall be worded as follows: 
"In qpposition proceedings and in proceedings for a declaration of nullity of a 
patent or in proceedings for the grant of a compulsory licence (Sections' 81, 
85) this shal1 also apply to Section 117 (1), second sentence, Section 118 (1), 
Section 122 (2) and to sections 123, 125 and 126 of the Code of Civil 
Procedure." 
36. Section 142a (1), second sentence, shall be worded as follows: 
"This provision shall apply in trade with other Member States of the European 
Union as well as with other Contracting States of the Convention Concerning IP/N/l/DEU/D/l/Add.l, IP/N/l/DEU/P/l/Add.2, 
IP/N/l/DEU/P/3/Add.l, IP/N/l/DEU/P/4/Add.2, 
IP/N/l/DEU/T/I/Add.l, IP/N/l/DEU/T/2/Add.l 
Page 16 
the European Economic Area only insofar as controls are carried out by the 
customs al!thorities." 
Article 3 
Amendment of the Utility Model Law 
(421-1) 
The Utility Model Act in the version published on 28 August 1986 (Federal Law 
Gazette, I page 1455), last amended by Article 13 of the Law of 2 September 1994 
(Federal Law Gazette I page 2278), shall be amended as foHows: 
1. The abbreviation "UML" shall be added to the title. 
2. Section 4 shall be amended as follows: 
a) In sUbsection (1), first sentence, the words "in writing" shaH be deleted. 
b) The following subsection (2) shall be inserted after subsection (1): 
"(2) Applications may also be filed through a Patent Infor:mation Centre 
where such office has been designated to accept patent applications by 
promulgation in the Federal Law Gazette by the Federal Ministry of Justice. 
An application possibly containing a state secret (section 93 of the Criminal 
Code) shall not be filed through a Patent Information Centre." 
c) The present subsection (2) shall become subsection (3} and shall be 
. worded as follows: 
"(3) Applications shaH contain: 
1. the name of the applicant; 
2. a request for registration of the utility model, which must designate 
clearly and concisely the subject matter of the utility model; 
3. one or more claims in which shall be specified what is.to be protected; 
4. a description of the subject matter of the utility model; 
5. the drawings referred to in the claims or the description." 
d) The present subsection (3) shall become subsection (4). and shall be 
worded as follows: 
"(4) The Federal Ministry of Justice shall have the power to issue by 
statutorY order regulations concerning the form and other requirements for IPINI1 IDEUIDIl I Add.l, IPINIlIDEUIPIlI Add.2, 
IPINIlIDEU/P/31 Add. 1, IPINIIIDEUIP141 Add.2, 
IPINIlIDEUITIl/Add.l, IPINIlIDEU/T/2/Add.l 
Page 17 
the application. It may delegate such pOwer by statutory order to the 
President of the Patent Office." 
e) The present subsections (4) to (6) shall become subsections (5) to (7). 
f) The following subsection (8) shall be inserted after subsection (7): 
"(8) The Federal Ministry of Justice shall have the power to Issue by 
statutory order regulations on the deposit of biological material, on access 
thereto, including the persons entitled to access, and on renewed deposit of 
biological material so far as the invention embraces the use of biological 
material or concerns such material as is not available to the public and 
cannot be disclosed in the application in a manner fit for it to be carried out 
by a person skilled in the art. The Federaf Ministry of Justice may delegate 
such power by statutory order to the President of the Patent Office." 
3. . The following Section 4a shall be inserted after Section 4:. 
"Section 4a 
(1) If the application is not drawn up wholly or partly in German, the applicant 
shall submit a German translation within a period of three months after filing the 
. application. If the application contai~s a reference to drawings and if no drawings 
are enclosed with the application, the Patent Office shall request the applicant, 
within a period of one month after service of the request, either to submit the 
drawings or to declare that any reference to the drawings shall be deemed not to 
have been made. 
(2) The filing. date of the utility model application shall be the day on which the 
documents pursuant to Section 34 (3), items 1 and 2, and so far as they at least 
contain information which to all appearances is to be deemed to be a description 
pursuant to Section 34 (3), item 4, were received 
1. at the Patent Office 
2. or at a Patent Information Centre if such office has been designated for this 
purpose by promulgation in the Federal Law Gazette by the Federal Ministry of 
Justice. 
Where the documents have not been drawn up in German, this shall only apply if 
the German translation has been received by the Patent Office within the period 
pursuant to subsection (1), first sentence; otherwise the application shall be 
deemed not to have been filed. If the applicant submits the missing drawings IPINI1 IDEUIDIl/Add. 1, IPINII/DEU/P/I/Add.2, 
IPINIlIDEU/P/3/Add.l, IPINIlIDEU/P/4/Add.2, 
IPIN/IIDEUITIl/ Add. 1 , IPINIlIDEU/T/21 Add. 1 
Page 18 
following a request pursuant to subsection (1), second sentence, the filing date 
shall be the ?ate on which the drawings were received" by the Patent Office, 
othervvise any reference to the drawings shall be deemed not to have been made." 
3a. In Section 6 (1), second sentence,the words "Section 40 (2) to (4)" shall be 
replaced by the words "Section 40 (2) to (4), (5), first sentence, (6)". 
4. "In Section (1), first sentence, the words "Section 4" shall be replaced by the. 
words "Sections 4, 4a". 
4a. Section 10 (2) shall be worded as follows: 
"(2)· The Federal Ministry of Justice shall have the power to establish by 
statutory order that officials of the higher and lower intermediate grades of the 
civil service or employees in similar positions may be entrusted with the 
handling of matters within the competence of the Utility Model Sections or the 
Utility Model Divisions which present no particular techflical or legal difficulties, 
with the exception, ~however, of the rejection of applications on grounds which 
the applicant has contested. The Federal Ministry of Justice may delegate such 
power by statutory order to the President of the"Patent Office." 
5. Section 20 shall be worded as follows: 
"Section 20 
The provisions of the Patent Law concerning the grant or the withdrawal of 
compulsory licences or adjustment of the remuneration for a compulsory licence, . 
as assessed in a judgment, and concerning the procedure (Sections 81 to "99 and 
110 to 122) shall apply mutatis mutandfs in the case of registered utility modE?ls." 
6. Section 25a (1), second sentence, shall be worded as follows: 
"This provision shall apply in trade with other Member States of the European 
Union as well as with other Contracting States of the Convention Concerning 
the European Economic Area only insofar as controls are carried out by the 
customs authorities." 
Article 4 IPINIlIDEU/DIlIAdd.l, IPlNlllDEU/P/ll Add.2, 
IPINIIIDEUIPI3/Add.l, IPINIlIDEUIP/41 Add.2, 
IPINIlIDEU/TIl/Add.l, IPINIlIDEU/T/2/Add.l 
Page 19 
Amendment of the Law on Employee Inventions 
(422-1) 
Section 47. of the Law on Employee Inventions in the revised version 
published in the Federal Law Gazette Part III, No. 422-1, last amended by Article 2 
section 17 of the Law of 22 December 1997 (Federal Law Gazette I p. 3224) shall be 
repealed. 
Article 5 
Amendment oftheTrade Mark Law 
(423-5-2) 
The Trade Mark Law of 25 October 1994 (Federal Law Gazette I p. 3082, 
1995 I p. 156), as last amended by Article 13 of the Law of 22 June 1998 (Federal 
Law Gazette I p. 1474) shall be amended as follows: 
1. In Section 65 (1) items 11 and 12 shall be worded as follows: 
"11. to entrust officials qf the higher intermediate grade of the civil service or 
comparable employees with th~ handling of matters within the competence 
of the Trade Mark Divisions which present no particular legal difficulties, 
with the exception of decisions on the cancellation oftrade marks (Section 
48 (1), Sections 53 and 54), the giying of opinions (Section 58 (1» and the 
decisions whereby the giving of an expert opinion is rE:;fused; 
12. to entrust officials of the lower intermediate· grade of the civil service or 
comparable employees with the handling of matters within the competence 
of the Trade Mark Sections or Trade Mark Divisions which present no 
particular legal difficulties, with the exception of decisions on applications 
oppositions or other requests;". 
2. Section 85 (2) shall be worded as follows: 
"(2) In proceedings before the Federal Court of Justice in an appeal on a 
point of law the provisions contained in Section 142 on positive assessment 
of the value in dispute shall apply mutatis mutandis." IPINIIIDEUIDIlIAdd.l, IPIN/1IDEU/P/I/Add.2, 
IPINI1 IDEU/P/31 Add. 1 , IPINIIIDEU/P/41 Add.2, 
IPINIIIDEU/T/1/Add.l, IPINIlIDEUlT/2/Add.l 
Page 20 
Article 6 
Amendment of the Law on International Patent Treaties 
(118-17) 
The Law on Intemational Patent Treaties of 21 June 1976 (Federal Law 
Gazette II p. 649), last amended by Article 2 of the Law of 23 March 1993 (Federal 
. Law Gazette Ip. 366) shall be amended as follows: 
1. Article II Section 4 shall be a-mended as follows: 
a) The title shall be worded as follows: 
"Section 4 
European Patent Applications 
to the German Patent and Trade Mark Office". 
b) Subsection 1, first sentence, shall be worded as follows: 
"European patent applications may also be filed with the German Patent 
and Trade Mark Office or, pursuant to section 34 (2) of the Patent Law, 
through a Patent Information Centre." 
c) In subsections 2 and 3 the words "German Patent Office" shall be replaced 
by the words "German Paten! and Trade Mark Office". 
2. In Article II. Section 4 (2), item 4 third sentence, the words "Section 35 (3), 
second sentence" shall be replaced by the words "Section 34 (6), second 
sentence". 
3. In Article II Section 9 (1), second sentence, the words "Section 35 (3), second 
sentence" shall be replaced by the words "Section 34 (6), second sentence". 
4. Article III Section 1 shall be amended as follows: 
a) The title shall be worded as follows: 
"Section 1 
The German Patent and Trade Mark Office as Receiving Office". 
b) In subsection (1) the words "German Patent Office" shall be replaced by 
the words "German Patent and Trade Mark Office". 
c) Subsection 2 shall be worded as follows: IPINIlIDEUID/1/ Add. 1 , IPIN/lIDEUIP/l/ Add.2, 
IPIN/1IDEU/P/3/Add.1, IPIN/1IDEU/P/4/Add.2, 
IPIN/lIDEUIT/1/Add.1, IPIN/l/DEU/T/2/Add.1 
Page 21 
"(2) International applications may be filed in German with the German 
Patent and Trade Mark Office or, pursuant to section 34 (2) of the Patent 
Law, through a Patent Information Centre." 
d) In subsections 3 and 4 the words "German Patent Office" shall be replaced 
by the words "German Patent and Trade Mark Office".' 
5. In Artic!e III Section 2 (2),.third sentence, the words'''Section 35(3), first 
sentence" shall be replaced by the words "Section 34 (6), first sentence". 
6. Article III Section 4 shall be amended as follows: 
a) The title shall be worded as follows: . 
"Section 4 
The German Patent and Trade Mark Office as Designated Office". 
b) In subsections (1) and (2) the wor~s "German Patent Office" shall be 
replaced by the words "German Patent and Trade Mark Office". 
c) In subsection 2, first sentence, the words "Section 35 (3)" shall be 
replaced by the words "Section 34 (6)" and the words "Section 4 (4)" by 
the words "Section 4 (5)". 
d) Subsection .(3) shall be worded as follows: 
"(3) Where in respect of an international application priority is claimed for 
an earlier patent or utility model application filed with the German Patent 
and Trade Mark Office, the latter shall, notwithstanding section 40 (5) of 
the Patent Law or section 6 (1) of the Utility Model Law, be deemed to· 
have been withdrawn on the date on which the conditions .set down in 
subsection (2) were fulfilled and the time limits set down in Artic!e 22 or 
39 (1) of the Patent Cooperation Tre'!lty expired_" 
7. Article III Section 5 shall be amended as follows: 
a) In subsection (1), first sentence, the words "Section 35 (3)" shall be 
replaced by the words "Section 34 (6)"_ 
b) In subsection (1) the words "German Patent Office" shall be replaced by 
the words "German Patent and Trade Mark Office". 
Article 7 IPINIlIDEU/D/1/Add.l, IPINIlIDEU/PIl/Add.2, 
IPINIlIDEU/P/3/Add.l, IPINIIIDEU/P/4/Add.2, 
IPINIlIDEU/TI 1/ Add. 1 , IPINIlIDEU/T/21 Add. 1 
Page 22 
Amendment of the Extension Law 
(424-3-8) 
Part 3 of the Law on the Extension of Industrial Property Rights of 23 April 
1992 (Federal Law Gazette I p. 938), last amended by Article 2 section 18 of the Law 
of 22 December 1997 (Federal Law Gazette! p. 3224), shall be repealed. 
Article 11 
Amendment of the Semiconductor Protection Law 
(426-1) 
Section 3 of the Semiconductor Protection Law of 22 October 1987 (Federal 
Law Gazette I p. 2294), last amended by Article 6 of the Law of 7 March 1990 
(Federal Law Gazette I p. 422), shall be amended as follows: 
a) In subsection (1), first sentence, the words "in writing" shall be deleted. 
b) Subsection (3) shall be worded as follows: 
"(3) The Federal Ministry of Justice shall have the power to issue by statutory 
, , 
order regulations concerning the form and other requirements for the 
application. It may delegate such power by statutory 'order to the President of 
the Patent Office," 
Article 12 
Amendment of the L'aw on Copyright and Related Rights 
(440-1) 
The La'.t(on Copyright and Related Rights of 9 September 1965 (Federal Law 
Gazette I p. 1273), last amended by Article 1 of the Law of 8 May 1998 (Federal Law 
Gazette I p. 902), shall be amended as follows: 
1. In Section 69c, item 3, the words "European Communities" shall be replaced by 
the words "European Union", IP INIlIDEUIDIlI Add.I, IP INIlIDEU/P1l I Add.2, 
IPINIlIDEU/P/31 Add.I, IPINIlIDEU/P/41 Add.2, 
IPINIlIDEU/TIlI Add.I, IPINIlIDEu/T/21 Add. 1 
Page 23 
2. In Section 111 a subsection (1), second sentence, the' words "European 
Economic Community" shall be replaced by the Words "European Union". 
Article 13 
Amendment of the Law Concerning Copyright in Industrial Designs 
(442-1) 
The Law Concerning Copyright in Industrial Designs in the revised version 
published in the Federal Law Gazette Part III No. 422-1, last amended by Artide13 
, " 
subsection 2 of the law of 25 October 1994 (Federal Law Gazette I p. 3082) shall be 
amended as follows: 
1. In Section 7 subsection (3), item 1, the word "written" shall be' deleted. 
2. Section 7b subsection (1) shall be worded as follows: 
"(1) An applicant who claims, under an international treaty, the priority of an 
earlier foreign application for the same design shaH, within a period of sixteen 
months after the priority date, state the date, country and serial number of the 
earlier application and file a copy of that application, if such action has not 
already beerk taken. Particulars may be altered within that period." 
3.' In Section 1 0 subsection (~) the words "Sections 123 (1) to (5)" shall be 
"replac~d by the words "Sections 123 (1) to (5) and (7)". 
4. In Section 10a subsection (1), fourth sentence, and ,subsection (2), second 
sentence, the words"123 (1) to (5)"sha/l be replaced by the words "1.23 (1) to 
(5) and (7)". 
5. In Section 1 Ob, third sentence, the words "129, second sentence" shall be 
deleted. 
6. In Section 12 subsection (1), first sentence, the words "The Federal Minister of 
Justice" and "the requirements for applications for designs" shall be replaced IPINIlIDEUlD1 1/ Add.l, IPINIIIDEU/P/11 Add.2, 
IPINIlIDEU/P/3/Add.l, IPINIIIDEU/P/4/Add.2, 
IPINIlIDEu/TIl/Add.l, IPINIlIDEU/T/2/Add.1 
Page 24 
resPectively by the words "The Federal Ministry of Justice" and "the form and 
other requirements for applications for designs". 
7. In Section 12 subsection (1), second sentence, the word "He" shall be replaced 
by the word "It". 
8. In Section 12 subsection (2) and in Section 12a subsections (1) and (2) the . 
- , 
" words "The Federal Minister of Justice" shall be replaced by the words "The 
Federal Ministry of Justice". 
9. Section 12a shall be amended as follows: 
a) -Subsection (1), first sentence, shall beworded as follows: 
"The Federal Ministry of Justice shall have the power to entrust, by 
statutory, order, officials of the higher intermediate and lower intermediate 
grades as well as employees in comparable positions with the handling of 
matters in proceedings concerning the Designs Register where these 
matters involve no particular legal difficulties." 
b) In subsection (2) the wordsuTh~ Federal Minister of Justice" shall be 
replaced by the, words "The Federal Ministry of Justice". 
Article 20 
Amendment of the Order Concerning Patent Applications 
(420-1-6) 
The Order Concerning Patent Applications of 29 May 1981 (Federal Law 
Gazette I p. 521), last amended by the Order of 27 June 1997 (Federal Law Gazette I 
p. 1595,2017) shall be amended as,foliows: 
1. In Section 2 the words "Sec. 35 (1)" shaH be replaced by the words "Sec. 34 (1) 
and (3)" and the words "and in the German language" shall be deleted. 
2. In Section 3 subsection (1) the words "Sec. 35 (1) sentence 3, No 1" shall be 
replaced by the words "Sec. 34 (3) No 2". IPIN/IIDEUIDI1/ Add. I , IPINIlIDEU/P/I/ Add.2, 
IPINIlIDEU/P/3/ Add. I, IPINI1IDEU/P/4/ Add.2, 
IPIN/IIDEU/TI1/Add.l, IPIN/IIDEU/T/2/Add.l 
Page 25 
3. Section 4 shall be amended as foiiows: 
a) In subsection (1), first sentence, the words "Sec. 35 (1) sentence 3, No 2" 
shall be replaced by the words "Sec. 34 (3) No 3". 
b) In subsection (5) the words "Sec. 35 (1) sentence 2" shall be replaced by 
the words "Sec. 34_(5)". 
4. In Section 5 subsection (1) the words "Sec. 35 (1) sentence 3 No 3" shall be 
replaced by the words "Sec. 34(3) No 4". 
5. Section 10 shall be worded as follows: 
"Section 10 
Translations 
(1) A translation of a document forming part of the dOGumentation relating to 
the application must be certified by a practising lawyer or patent attorney or be 
done by an officially authorised translator. The translators signature shall be 
officially certified (Arti~le 129 of the Civil Code) and so must the fact that he is 
officially authorised for such purposes. 
(2) If a document not forming part of the docun:/entation relating· to the 
application is not filed in English, French, Italian or Spanish, a translation 
certified by a practising lawyer or patent attorney or done by an officially 
authorised translator shall be filed within one month of receipt of the document. 
If the translation is not filed within this time limit, the document shall be deemed . c 
to -have been received on the date of receipt of the translation. 
I 
(3) If a document not forming part of the documentation relating to the 
application is filed in Er]glish, French, Italian or Spanish, the Patent Office may 
require a translation certified by a practising lawyer or patent attorney or done 
by an officially authorised translator to be filed witnin a time limit set by that 
Office. If the translation is not filed within this time limit, the document shall be 
deemed to have been received on the date of receipt of the translation. 
(4) Where, in the case of priority documents submitted under the revised 
Paris Convention for the Protection of Industrial Property or of copies of earlier 
applications (Sec. 41 (1) sentence 1 of the Patent Law) a German translation is 
required, such translation shail be furnished if so demanded by the Patent 
Office. IPIN/lIDEUID/l1 Add.l, IP/N/lIDEU/P/l1 Add.2, 
IPINIlIDEU/P/3I Add. I , IP/N/IIDEU/P/41 Add.2, 
IPINIlIDEU/T/1/Add.l, IP/N/lIDEUrrI2/Add.1 
Page 2f) 
6. In Section 11 subsection (1), second sentence, the words "Sec. 10 (1)" shalLbe 
replaced by the words "Sec. to (1) to (3)". 
Article 22 
Amendment of the Order Concerning Utility Model Applications 
(421-1-3) 
The Order Concerning Utility Model Applications· of 12 November 1986 
(Federal Law Gazette I p. 1739), last amended by the Order of 27 June 1997 
(Federal Law Gazette I p. 1597) shall.be amended .as follows: 
1. ' In Section 2 subsection (1) the words "(Sec. 1 (1) UML)" shall be replaced by 
the words "(Sec. 1 (1) Utility ModelLaw)" and the words "(S~c. 4, (1) sentence 
1) shall be deleted. 
2: In Section 2 SUbsection (2) the word "UML" shall be replaced by the words 
~Utility Model Law". 
3. Section 2 subsection (3) shall be worded as follows: 
"(3) The appJication shall contain the following application documentation 
(Sec. 4 (3) nos 1-5 Utility Model. Law): 
. 1. the name of the applicant, 
2. the request, 
3. one or more claims, 
4. the description, 
5. the drawings·to which the claims or the description refer." 
4. In Section 4 subsection (1) the words "(Sec. 4 (2) no 1 UML)" shall be replaced 
by the '{Yords "(Sec. 4 (3) no 2 Utility Model Law)". 
5. In Section 4 subsection (2), item 7, the words "(Sec. 4 (6) ULM)" shall be 
replaced by the words "(Sec. 4 (7) Utility Model Law)" .. IPINIl IDEUIDI I I Add.l, IPINIlIDEU/P/l/ Add.2, 
IPINIlIDEU/P/3I Add. I , IPINIlIDEU/P/41 Add.2, 
IPINIIIDEU/T/l/Add.l, IPINIIIDEU/T/2/Add.1 
Page 27 
6. In_Section 4 subsection (2), item 8, the words "ULM" shall be replaced by the 
words "Utility Mode! Law. 
7. In Section5 subsection (1), first sentence, the words "(Sec. 4 (2) no 2 ULM)" 
shaH be replaced by the words "(Sec. 4 (3) no 3 Utility Mode! Law)". 
8. In Section 5 subsection (5), first sentence, the word "ULM" shall be replaced by 
the words "Utility Model Law". 
9. In Section 6 subsection (1) the words "(Sec. 4 (2) no 3 ULM)" shaH be replaced 
by the words "(Sec. 4 (3) no 4 Utility Model Law)". 
10. In Section 8 the word "ULM" shall be replaced ~y the words "Utility Model Law" 
and in subsection (3), second sentence, the words "Sec. 9 (1)" shall be replaced 
by the words "Sec. 9 subsections (1) to (3)" . 
. 11. Section 9 shall be amended as follows: 
"Section 9 
Translations 
(1) A ,translation of a document forming part of the documentation relating to 
the application must be certifiea by a practising lawyer or patent attorney or be 
done by an officially authorised translator. The translator's signature shaH be 
officially certified (Article 129 of the Civil Code) and so must the faCt that he is 
officially authorised for such purposes. 
(2) If a docum(3nt not forming part of the documentation relating to the 
application is not filed in English, French, Italian or Spanish, a translation 
certified by a practising lawyer or patent attorney or done by an officiaHy 
authorised translator shall be filed within one month of receipt of the document. 
If the translation is not filed within this time limit, the document shall be deemed 
to have been received on the date of receipt of the translation. 
(3) If a document not forming part of the documentation relating to the 
application is filed in English, French, Italian or Spanish, the Patent Office may 
require a translation certified by a practising lawyer or patent attorney or done 
by an officially authorised translator to be filed within a time limit set by that IPINIl/DEUIDIl/Add.l, IPINIlIDEU/P/lIAdd.2, 
IPINIlIDEU/P/3/Add.l, IPINIlIDEU/P/4/Add.2, 
IPINI1/DEU/TIl/Add.l, IPINIlIDEU/T/2/Add.l 
Page 28 
Office. If the translation is not filed within this time limit, the document shaH be 
deemed to nave been received on the "date of receipt of the translation. 
(4) Where, in the case of priority documents submitted under the revised 
Paris Convention for the Protection of Industrial Property or of copies of earlier 
applications (Sec. 6 (2) Utility Model Law, Sec.41 (1) sentence 1 Patent Law) a 
German translation is required, such translation shall be. furnished if so 
demanded by the Patent Office. 
Article 24 
Amendment of the Regulation on Semiconductor Protection Applications 
(426-1-1) 
In Section 2 of the Regulations on. Semiconductor Protection Applications of 
4 November 1987 (Federal Law Gazette I p. 2361), the word "written" shall be 
inserted before the word "application". 
Article 25 
Amendment of the Order Concerning Industrial Designs 'and Type Faces 
Applications 
(442-1-3) 
In Section 2 of the Order Concerning Industrial Designs and Type Faces 
Applications of 8 January 1988 (Federal Law Gazette I p. 76), last amended by the' 
Order of 13 August 1993 (Federal Law Gazette I p, 1506), the word "written" shall be 
inserted before the word "application". 
Article 28 
Return to uniformity of level of legal source 
The parts of the amended statutory orders based on Articles 19 to 25 may be 
amended by statutory order by virtue of the applicable authorisation in each case. IPINIl/DEUIDII/Add.l, IPINIlIDEU/PIl/Add.2, 
IPINIlIDEUA'13/Add.1, IPINIlIDEU/P/4/Add.2, 
IPINIIIDEU/TIlI Add. 1 , IPINIlIDEU/T/2/ Add. 1 
Articie 29 
Transitional Provisions Page 29 
Sections 110 to 122 of the Patent Law shall apply in their previous version if 
appellate remedies were sought in proceedings pursuant to the Patent Law and the 
Utility Mode! Law before this Law enters into force. 
Article 30 
Entry into Force 
(1) Article 7 shall enter into force on 1 January 2000. 
(2) This Law shall otherwi~e enter into force on 1 November 1998. 
The constitutional rights of the Federal Council have been heeded. 
The above Law is hereby executed and promulgated fn the Federal Law Gazette. 
Berlin, 16 July 1998 
T h-e Fed era I -P res ide n t 
Roman Herzog 
The Federal Chancellor 
Dr. H elm u t K 0 h I 
The Federal Minister of Justice 
Schmidt-Jortzig