(1) Any person who, through no fault of their own, was prevented from observing a time limit vis-à-vis the German Patent and Trade Mark Office or Federal Patent Court, where non-observance causes a legal disadvantage in accordance with legal provisions, is to have their rights re-established upon request. This does not apply to the time limit
1. for filing an opposition (section 59 (1)) and for paying the opposition fee (section 6 (1) sentence 1 of the Patent Costs Act),
2. for the opponent to file an appeal against maintenance of the patent (section 73 (2)) and to pay the appeal fee (section 6 (1) sentence 1 of the Patent Costs Act) and
3. for filing applications for which a priority can be claimed in accordance with section 7 (2) and section 40.
(2) The re-establishment of rights must be requested in writing within two months after removal of the cause of non-compliance. The request must state the facts on which the re-establishment of rights is based; these are to be substantiated when the request is filed or in the proceedings concerning the request. The omitted act is to be completed within the period for making the request; where this is done, the re-establishment of rights may also be granted without request. The re-establishment of rights can no longer be requested and the omitted act no longer be completed one year after the expiry of the period which was not observed.
(3) The authority competent to decide on the completed act decides on the request.
(4) The re-establishment of rights is final.
(5) Any person who has in Germany in good faith used the subject matter of a patent which has re-entered into force as a result of the re-establishment of rights in the period between the lapse of the patent and its re-entry into force, or has made the necessary preparations for doing so within that period, is entitled to continue using the subject matter of the patent for the needs of his or own business in his or her own workshops or in the workshops of others. This entitlement may be bequeathed or sold only together with the business.
(6) Subsection (5) applies accordingly if the effect referred to in section 33 (1) re-enters into force as a result of the re-establishment of rights.
(7) Any person who has in Germany in good faith used the subject matter of an application which, as a result of the re-establishment of rights, claims priority of an earlier foreign application (section 41) in the period between the expiry of the period of 12 months and the re-entry into force of the right of priority, or has made the necessary preparations for so doing within that period, is entitled in accordance with subsection (5).