(1) An appeal on points of law may be filed with the Federal Court of Justice from the orders of the Boards of Appeal of the Federal Patent Court ruling on an appeal under section 66 if the Board of Appeal allowed the appeal on points of law in its order. The appeal on points of law shall have suspensive effect.
(2) The appeal on points of law shall be allowed if
1. a decision needs to be taken on a legal matter of fundamental importance; or
2. the development of the law or ensuring the consistency of court rulings requires a decision by the Federal Court of Justice.
(3) It shall not be required to allow an appeal on points of law if it is noted
1. that the court issuing the order did not sit in the composition required by law;
2. that a judge was involved in taking the decision who was excluded from exercising judicial office by operation of law or was successfully objected to if suspected of partiality;
3. that one of the parties was denied the right to be heard;
4. that one of the parties was not represented in the proceedings in accordance with the provisions set out in this Act, unless he explicitly or tacitly consented to the conduct of the proceedings;
5. that the order was issued on the basis of oral proceedings in which the provisions on the admission of the public to the proceedings were violated; or
6. that the order is not reasoned.