(1) In order to avoid the substantive examination of the patent application being delayed owing to the need to establish the identity of the inventor, the applicant is deemed, in the proceedings before the German Patent and Trade Mark Office, to be entitled to request the grant of the patent.
(2) If a patent is revoked on account of opposition filed on the ground of usurpation (section 21 (1) no. 3) or if opposition results in the surrender of the patent, the opponent can himself or herself file an application in respect of the invention within one month after the official communication thereof and can claim the priority of the earlier patent.