(1) Upon request and applying sections 114 to 116 of the Code of Civil Procedure accordingly, the applicant receives legal aid in the procedure for the grant of a patent if there is sufficient prospect of the patent being granted. Upon request by the applicant or the proprietor of the patent, legal aid may also be granted in respect of the annual renewal fees pursuant to section 17. Payments are to be made to the Federal Cash Office.
(2) The grant of legal aid has the effect that the legal consequences stipulated in the event of non-payment do not occur in respect of the fees which form the subject of the legal aid. In all other cases, section 122 (1) of the Code of Civil Procedure applies accordingly.
(3) Where several persons have jointly filed an application for a patent, they receive legal aid only if all the applicants fulfil the requirements of subsection (1).
(4) If the applicant or the proprietor of the patent is not the inventor or the inventor’s universal successor in title, he or she receives legal aid only if the inventor also fulfils the requirements of subsection (1).
(5) Upon request, as many annual renewal fees may be incorporated into the legal aid as are necessary to preclude the limitation conflicting with the grant of legal aid in accordance with section 115 (4) of the Code of Civil Procedure. The instalments paid are not to be set off against the annual renewal fees until the costs of the procedure for the grant of the patent, including any costs incurred for an assigned representative, are covered by the instalment payments. Insofar as the annual renewal fees can be regarded as having been settled by the instalments paid, section 5 (2) of the Patent Costs Act applies accordingly.
(6) In the case referred to in section 44, subsections (1) to (3) apply accordingly to the requesting third party if he or she substantiates an interest of his or her own meriting protection.