(1) If the person registered as the proprietor of a patent applies for supplementary protection, the Patent Division examines whether the application complies with the relevant Regulation of the European Communities and with subsection (5) and section 16a.
(2) If the application meets these requirements, the Patent Division issues the supplementary protection certificate for the duration of its term. Otherwise, it invites the applicant to correct any deficiencies within a time limit of at least two months to be set by the Patent Division. If the deficiencies are not corrected, the Patent Division takes a decision to refuse the application.
(3) Where a Regulation of the European Communities provides for the extension of the term of a supplementary protection certificate, subsections (1) and (2) apply accordingly.
(4) The Patent Division takes a decision on the requests provided for in Regulations of the European Communities to
1. correct the term of a supplementary protection certificate if the date included in the application for the certificate in respect of the first authorisation for putting the invention into circulation is incorrect;
2. revoke the extension of the term of a supplementary protection certificate.
(5) Section 34 (6) applies. Sections 46 and 47 apply to the procedure before the Patent Division.