Utility model section and divisions

(1) A utility model section is established at the German Patent and Trade Mark Office for requests in utility model matters, with the exception of cancellation requests (sections 15 to 17), headed by a legally qualified member designated by the President of the German Patent and Trade Mark Office.
(2) The Federal Ministry of Justice and Consumer Protection is authorised to entrust, by statutory instrument, higher and intermediate civil servants or comparable employees with the handling of matters incumbent on the utility model sections or utility model divisions, which by their nature present no special technical or legal difficulties; excepted from this, however, are rejections of applications on grounds to which the applicant has objected. The Federal Ministry of Justice and Consumer Protection may transfer this authorisation, by statutory instrument, to the German Patent and Trade Mark Office.
(3) Cancellation requests (sections 15 to 17) are decided by one of the utility model divisions to be formed at the German Patent and Trade Mark Office, which is to be composed of two technical members and one legally qualified member. The provisions of section 27(7) of the Patent Act apply accordingly. Within its area of business, each utility model division is also responsible for the giving of expert opinions.
(4) For the exclusion and recusal of members of the utility model section and the utility model divisions, sections 41 to 44, 45(2), second sentence, and 47 to 49 of the Code of Civil Procedure concerning the exclusion and recusal of judicial officers apply mutatis mutandis. The same applies to the higher and intermediate civil servants and employees, insofar as they have been entrusted under paragraph 2 with the handling of individual matters incumbent on the utility model section or the utility model divisions. Section 27(6), third sentence of the Patent Act applies accordingly.