Section 140

Where, prior to the grant of a patent, rights resulting from an application whose files may be inspected by any person (section 31 (1) sentence 2 clause 2 and (2)) are asserted by judicial proceedings and where the decision on the proceedings depends on whether a claim in accordance with section 33 (1) exists, the court may order that the proceedings be suspended until a decision is delivered on the grant of the patent. Where a request for examination pursuant to section 44 has not been made, the court is, upon motion by the opposing party, to set the party asserting rights resulting from the application a time limit to make the request for examination. Where the request for examination is not made within the time limit, rights resulting from the application may not be asserted in the proceedings.