Cancellation

(1) Anyone has a claim against the person registered as holder for cancellation of the utility model where 1. the subject matter of the utility model is not eligible for protection under sections 1 to 3, 2. the subject matter of the utility model has already been protected on the basis of an earlier patent or utility model application, or 3. the subject matter of the utility model extends beyond the content of the application in the version in which it was originally filed.
(2) In the case of section 13(2), only the injured party has a claim to cancellation.
(3) Where the grounds for cancellation concern only part of the utility model, cancellation is effected only to that extent. The limitation may be made by way of an amendment of the claims.