(1) If the design application has been refused upon failure to comply with a time limit set by the German Patent and Trade Mark Office, the decision on the refusal of the application becomes ineffective, without the need for its express setting aside, if the applicant requests further processing of the application and completes the omitted act.
(2) The request for further processing is to be filed within a period of one month following service of the decision on the refusal of the design application. The omitted act is to be completed within this period.
(3) Re-establishment of rights is ruled out in respect of non-observance of the period referred to in subsection (2) and the period for payment of the fee for further processing specified in section 6 (1) sentence 1 of the Patent Costs Act.
(4) The unit competent to decide on the omitted act decides on the request.