(1) The Patent Division may, at its reasonable discretion, determine in the decision issued in accordance with section 61 (1) to what extent the costs arising from a hearing or the taking of evidence are to be imposed on a party. The determination may also be made if the opposition is withdrawn in full or in part or if the patent is surrendered. The Patent Division may order that the opposition fee to be paid in accordance with the Patent Costs Act is to be reimbursed in full or in part if this is equitable.
(2) The costs include the expenses incurred by the German Patent and Trade Mark Office and the costs arising for the parties, insofar as they were necessary to ensure appropriate safeguarding of the claims and rights. The amount of the costs to be reimbursed is determined upon request by the German Patent and Trade Mark Office. The provisions of the Code of Civil Procedure concerning the procedure for the assessment of costs (sections 103 to 107) and compulsory enforcement based on orders assessing the costs (sections 724 to 802) apply accordingly. The appeal from the order assessing the costs is available instead of the legal remedy provided for under the Code of Civil Procedure (Erinnerung); section 73 applies, with the proviso that the appeal must be lodged within two weeks. The enforceable execution copy is issued by the registry clerk of the Federal Patent Court.