(1) The Patent Division gives its decision by order. In the case of an admissible opposition, the Patent Division gives a decision as to whether and to what extent the patent is to be maintained or revoked. If the opponent withdraws the opposition, the proceedings continue ex officio without the opponent. In derogation from sentence 3, the proceedings are concluded if the opposition which has been withdrawn was exclusively based on the ground for revocation of usurpation pursuant to section 21 (1) no. 3. In such cases, or if the proceedings on the merits have been disposed of, the conclusion of the proceedings is determined by order.
(2) In derogation from subsection (1), the Board of Appeal at the Federal Patent Court issues a decision
1. if a party so requests and no other party opposes this within two months after service of the request, or
2. at the request of only one party, if at least 15 months have elapsed since the expiry of the opposition period, in the event of the request being made by a person who has intervened in the proceedings since giving notice of intervention.
This does not apply if the Patent Division served summons to a hearing or served the decision on the opposition within three months after receipt of the request for a decision by the Federal Patent Court. In all other cases, sections 59 to 62, sections 69 to 71 and sections 86 to 99 apply accordingly.
(3) If the patent is revoked or maintained only with limitations, this fact is published in the Patent Gazette.
(4) If the patent is maintained with limitations, the patent specification is to be amended accordingly. The amendment to the specification of the patent is to be published.