Cancellation proceedings

(1) The German Patent and Trade Mark Office shall communicate the request to the holder of the utility model and call on the holder to comment within one month. Where the holder does not object in time, cancellation is effected.
(2) Otherwise, the German Patent and Trade Mark Office shall communicate the objection to the requester and take the orders necessary to clarify the matter. It may order the examination of witnesses and experts. The provisions of the Code of Civil Procedure (sections 373 to 401 and 402 to 414) apply to them accordingly. The evidentiary proceedings must be recorded with the involvement of a sworn recording clerk. An oral hearing takes place only where a party requests it or the German Patent and Trade Mark Office considers it expedient. Sections 128a and 284(2) and (3) of the Code of Civil Procedure apply accordingly.
(3) The utility model division decides on the request by order. The order must state reasons. It must be served on the parties in copy of its own motion. Certification of the copy is not required. Certified copies are issued only on the request of a party and only in paper form. Where the decision on the request is taken following an oral hearing, the order may be pronounced at the hearing at which the oral hearing is closed; the second to fifth sentences remain unaffected. Section 47(2) of the Patent Act applies accordingly.
(4) The German Patent and Trade Mark Office must determine, in the order under paragraph 3, first sentence, the proportion in which the costs of the proceedings fall on the parties. Where no decision is made on the merits, a decision on the costs of the proceedings is made only on request. The request for costs may be made until the expiry of one month after service of the communication of the German Patent and Trade Mark Office on the conclusion of the proceedings on the merits. In other respects, section 62(2) and section 84(2), second and third sentences of the Patent Act apply accordingly. Insofar as no decision on costs is made, each party bears its own costs.
(5) The value of the matter is determined by order on request. Where a decision on costs is taken, the value of the matter may be determined of the Office's own motion. The order on the value of the matter may be combined with the decision under paragraph 4, first and second sentences. For the determination of the value of the matter, section 23(3), second sentence and section 33(1) of the Act on the Remuneration of Lawyers apply accordingly.