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Section 111

Section 111

(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.

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