(1) The German Patent and Trade Mark Office is an independent higher federal authority within the remit of the Federal Ministry of Justice and Consumer Protection. Its seat is in Munich.
(2) The German Patent and Trade Mark Office is composed of a President and further members. They must be qualified under the terms of the German Judiciary Act (Deutsches Richtergesetz) to hold judicial office (legally qualified members) or have expertise in a field of technology (technically qualified members). The members are appointed for life.
(3) As a rule, only a person who has passed a state or academic final examination in a technical or natural science subject at a university, technical or agricultural institution of higher education, or at a mining academy in Germany and who thereafter has worked in the field of natural sciences or technology for at least five years and who has the requisite legal knowledge is to be employed as a technically qualified member. In accordance with the law of the European Communities, final examinations in another Member State of the European Union or in another Contracting Party of the Agreement on the European Economic Area are equivalent to a final examination in Germany.
(4) In case of a need which is expected to be limited as to time, the President of the German Patent and Trade Mark Office may commission persons who have the educational and additional background required for membership (subsections (2) and (3)) to perform the duties of a member of the German Patent and Trade Mark Office (assistant members). The commission can be effected for a specified time or for as long as necessary and may not be revoked during that period. In all other respects, the provisions governing members also apply to the assistant members.