(1) The first publication of the application (section 32 (2)), of the patent specification (section 32 (3)) and the publication of the grant of the patent (section 58 (1)) are to mention the inventor by name and place, provided that the inventor has already been designated. Such mention by name and place is to be noted in the Register (section 30 (1)). No mention by name and place or by place is made if the inventor designated by the applicant so requests. The request may be withdrawn at any time; in the event of withdrawal, the inventor is subsequently mentioned. The inventor’s waiver of the right to be mentioned is without legal effect.
(2) If the inventor has been designated wrongfully or, in the case set out in subsection (1) sentence 3, has not been designated at all, the patent applicant or the proprietor of the patent and the person who has been wrongfully designated is obliged vis-à-vis the inventor to declare to the German Patent and Trade Mark Office that they consent to the mention in accordance with subsection (1) sentences 1 and 2 being corrected or subsequently made. This consent cannot be withdrawn. The proceedings for the grant of a patent are not delayed on account of the filing of an action for declaration of consent.
(3) The inventor is not subsequently mentioned (subsection (1) sentence 4 and (2)) or the correction is not made (subsection (2)) in official documents which have already been published.
(4) The Federal Ministry of Justice and Consumer Protection is authorised to issue, by statutory instrument, provisions to implement the aforementioned provisions. It may delegate this authorisation by statutory instrument to the German Patent and Trade Mark Office.