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Section 16a

Section 16a

(1) An application for supplementary protection for a patent can be filed in accordance with the provisions of the Regulations of the European Communities concerning the creation of supplementary protection certificates, reference to which is to be made in the Federal Law Gazette, which supplementary protection is to follow immediately upon expiry of the patent in accordance with section 16. Annual renewal fees are to be paid for supplementary protection.

(2) Unless otherwise provided by the law of the European Communities, the provisions of this Act regarding the applicant’s entitlement (sections 6 to 8), regarding the effect of the patent and the exceptions thereto (sections 9 to 12), regarding an order for use and compulsory licence (sections 13 and 24), regarding the extent of protection (section 14), regarding licences and their registration (sections 15 and 30), regarding the lapse of the patent (section 20), regarding revocation (section 22), regarding the willingness to grant a licence (section 23), regarding representatives in Germany (section 25), regarding revocation (section 64 (1) alternative 1, (2) and (3) sentences 1 to 3), regarding the Federal Patent Court and proceedings before the Federal Patent Court (sections 65 to 99), regarding proceedings before the Federal Court of Justice (sections 100 to 122a), regarding the re-establishment of rights (section 123), regarding further processing (section 123a), regarding the obligation to tell the truth (section 124), regarding electronic documents (section 125a), regarding the official language, notifications and judicial assistance (sections 126 to 128), regarding legal infringements (sections 139 to 141a, 142a and 142b), regarding the joinder of actions and arrogation of patent (sections 145 and 146) apply accordingly to supplementary protection.

(3) Licences and declarations made pursuant to section 23 which take effect for a patent also apply to supplementary protection.

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