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Section 49

Section 49

(1) If the application meets the requirements of sections 34, 37 and 38, the deficiencies in the abstract noted in accordance with section 45 (1) have been corrected and the subject matter of the application is patentable under sections 1 to 5, the examining section decides to grant the patent.

(2) Upon the request of the applicant, the decision to grant the patent is suspended until the expiry of a period of 15 months, which begins to run on the date of filing of the application with the German Patent and Trade Mark Office or, if an earlier date is claimed to be relevant for the application, on that date.

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