(1) The German Patent and Trade Mark Office examines whether
1. the application fees specified in section 5 (1) sentence 1 of the Patent Costs Act have been paid and
2. the conditions for recognition of the date of filing of the application under section 11 (2) are met and
3. the application meets the other requirements for filing.
(2) If, in the case of insufficient fees having been paid, the application fees for a multiple application are not subsequently paid in sufficient amount within a period prescribed by the German Patent and Trade Mark Office or if the applicant does not determine which designs are to be covered by the fee amount paid, the German Patent and Trade Mark Office determines which designs will be taken into consideration. In other respects, the application is deemed to be withdrawn. This is determined by the German Patent and Trade Mark Office.
(3) In the case of deficiencies as referred to in subsection (1) nos. 2 and 3, the German Patent and Trade Mark Office requests the applicant to remedy the deficiencies noted within a prescribed period. If the applicant complies with the German Patent and Trade Mark Office’s request, then, in the case of deficiencies as specified in subsection (1) no. 2, the German Patent and Trade Mark Office accords, as the date of filing in accordance with section 13 (1), the date on which the deficiencies noted were remedied. If the deficiencies are not remedied in due time, the German Patent and Trade Mark Office decides to refuse the application.