(1) A registered design may be maintained in amended form
1. by means of the determination of partial invalidity or declaration of partial disclaimer by the right holder if the invalidity is to be determined in accordance with section 33 (1) due to lack of novelty or individual character (section 2 (2) or (3)) or due to exclusion from design protection (section 3) or
2. by means of the declaration of partial invalidity as well as consent to the partial cancellation or declaration of a partial disclaimer if the declaration of invalidity can be demanded in accordance with section 33 (2) no. 1 or no. 3,
insofar as the requirements for protection are met and the registered design retains its identity.
(2) A representation of the design in amended form within the meaning of section 11 (2) sentence 1 no. 3 is to be submitted to the German Patent and Trade Mark Office.