(1) An appeal on points of fact and law may only be based on the fact that the decision issued by the Federal Patent Court is based on a violation of federal law or that facts which are to be taken as the basis in accordance with section 117 justify a different decision.
(2) The law has been violated if a legal provision was not applied or was not applied correctly.
(3) A decision is always regarded as based on a violation of the law
1. if the Federal Patent Court did not sit in a composition required by law;
2. if a judge was involved in taking the decision who was excluded from exercising judicial office by operation of law, unless this impediment has been unsuccessfully asserted by means of a motion of objection;
3. if a judge was involved in taking the decision although he or she was objected to on account of being suspected of partiality and the motion of objection was declared well-founded;
4. if one of the parties was not represented in the proceedings in accordance with the law, unless he or she explicitly or tacitly authorised the conduct of the proceedings;
5. if the decision was issued on the basis of oral proceedings in which the provisions on the admission of the public to the proceedings were violated;
6. if the decision was not reasoned, in contravention of the provisions of the law.