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Section 147

Section 147

(1) Article 229 section 6 of the Introductory Act to the German Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuche) applies accordingly, with the proviso that section 33 (3) and section 141 in the version in force until 1 January 2002 are to be treated as equivalent to the provisions of the Civil Code on limitation in the version in force until 1 January 2002.

(2) The provisions of this Act in the version in force until 17 August 2021 continue to apply in respect of proceedings for the revocation of a patent or invalidity of a supplementary protection certificate or for the grant or withdrawal of a compulsory licence or for adjustment of the remuneration for a compulsory licence assessed in a judgment, such proceedings having been initiated in an action brought before the Federal Patent Court before 18 August 2021.

(3) In proceedings in which a request for a patent of addition has been filed or may still be filed in accordance with section 16 (1) sentence 2 of this Act in the version in force before 1 April 2014 or a patent of addition is in force, section 16 (1) sentence 2 and (2), section 17 (2), section 23 (1), section 42 (2) sentence 1 no. 4 sentence 2 and (3) sentence 1, and section 43 (2) sentence 4 of this Act in the version in force before 1 April 2014 continue to apply.

(4) In respect of requests for the extension of the time limit for the designation of the inventor, section 37 (2) sentences 2 to 4 and section 20 (1) no. 2 of this Act in the version in force before 1 April 2014 continue to apply if the requests were received by the German Patent and Trade Mark Office before 1 April 2014 and the patent has already been granted.

(5) In respect of requests for a hearing in accordance with section 46 (1) which the German Patent and Trade Mark Office received before 1 April 2014, section 46 of this Act in the version in force until that time continues to apply.

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