(1) An appeal (Beschwerde) may be filed from the decisions of the examining sections and Patent Divisions.
(2) The appeal is to be filed in writing with the German Patent and Trade Mark Office within one month after service of the decision. Copies for the other parties are, as a rule, to be enclosed with the appeal and all written pleadings. The appeal and all written pleadings containing substantive motions or a declaration of withdrawal of the appeal or of a motion are to be served on the other parties ex officio; other written pleadings are to be informally communicated to them, unless service is ordered.
(3) If the unit whose decision is contested considers the appeal to be well-founded, it is to rectify its decision. It may order that the appeal fee in accordance with the Patent Costs Act be reimbursed. If the appeal is not allowed, it is to be remitted to the Federal Patent Court within one month and without comment as to its merit.
(4) If the appellant is opposed by another party to the proceedings, subsection (3) sentence 1 does not apply.