(1) One or several Design Units and Design Divisions are to be established at the German Patent and Trade Mark Office to conduct proceedings in design matters. The Design Units are competent for decisions in proceedings under this Act, with the exception of invalidity proceedings in accordance with section 34a, and are to be staffed with a legally qualified member within the meaning of section 26 (2) sentence 2 of the Patent Act (Patentgesetz). Section 47 of the Patent Act applies accordingly.
(2) Decisions in invalidity proceedings in accordance with section 34a are taken by one of the Design Divisions in the German Patent and Trade Mark Office, each of which is to be staffed with three legally qualified members within the meaning of section 26 (2) sentence 2 of the Patent Act. If the case raises questions of a particularly technical nature, a technically qualified member within the meaning of section 26 (2) sentence 2 of the Patent Act is, as a rule, to be consulted. The chair of the competent Design Division takes the decision to consult a technically qualified member, which decision is not independently appealable.
(3) Sections 41 to 44, section 45 (2) sentence 2 and sections 47 to 49 of the Code of Civil Procedure (Zivilprozessordnung) on the exclusion of and objection to court personnel apply accordingly to the exclusion of and objection to members of the Design Units and Design Divisions. If a decision is required, such decision on an objection request is taken by another legally qualified member of the German Patent and Trade Mark Office whom the President of the German Patent and Trade Mark Office has generally appointed to take decisions of this nature. Section 123 (1) to (5) and (7) and sections 124, 126 to 128a of the Patent Act apply accordingly.
(4) The decisions of the German Patent and Trade Mark Office in proceedings under this Act may be appealed to the Federal Patent Court. A Board of Appeal at the Federal Patent Court sitting in a composition of three legally qualified members takes the decision on the appeal. Subsection (2) sentence 2 and 3 applies, with the proviso that the Board of Appeal sitting in a composition of three legally qualified members takes a decision by non-appealable order as regards enlarging the panel; section 100 (3) no. 1 of the Patent Act does not apply to the enlargement or non-enlargement of the panel. Sections 69, 70 (2), 73 (2) to (4), section 74 (1), section 75 (1), sections 76 to 80 and sections 86 to 99, section 123 (1) to (5) and (7), and sections 124, 126 to 128b of the Patent Act apply accordingly. Section 84 (2) sentence 2 and 3 of the Patent Act applies accordingly in appeal proceedings against decisions issued in invalidity proceedings in accordance with section 34a.
(5) An appeal on points of law from the orders of the Boards of Appeal ruling on an appeal under subsection (2) may be filed with the Federal Court of Justice if the Board of Appeal has allowed the appeal on points of law. Section 100 (2) and (3), sections 101 to 109, section 123 (1) to (5) and (7), and sections 124 and 128b of the Patent Act apply accordingly.