(1) Proceedings for the revocation of a patent or invalidity of a supplementary protection certificate, or on account of the grant or withdrawal of a compulsory licence, or on account of the adjustment of the remuneration for a compulsory licence determined by court judgment are initiated by way of action. The action is to be directed against the proprietor of the patent entered in the Register or against the holder of the compulsory licence. An action against the supplementary protection certificate may be consolidated with an action against the patent on which it is based and may also be based on the fact that there is a ground for revocation (section 22) of the patent on which it is based.
(2) An action for revocation of a patent cannot be filed as long as a notice of opposition can still be filed or opposition proceedings are still pending. An action for the declaration of invalidity of a supplementary protection certificate cannot be filed insofar as requests in accordance with section 49a (4) can be filed or proceedings for a decision on these requests are pending.
(3) In the case of usurpation, only the aggrieved party is entitled to file an action.
(4) The action must be filed in writing with the Federal Patent Court. Copies for the opposing party are, as a rule, to be enclosed with the action and all written pleadings. The notice of action and all written pleadings are to be served on the opposing party ex officio.
(5) When filing an action, the claimant, the defendant and the matter under dispute must be designated and a specific motion is, as a rule, to be included. The facts and evidence in support of the grounds must be indicated. If the action does not fully meet these requirements, the presiding judge is to invite the claimant to make the necessary additions within a specific time limit. The court file number of patent litigation relating to the patent at issue and its value in dispute are, as a rule, to be indicated.
(6) At the request of the defendant, claimants whose habitual residence is not in a Member State of the European Union or in a Contracting Party of the Agreement on the European Economic Area provide security in respect of the costs of the proceedings; section 110 (2) nos. 1 to 3 of the Code of Civil Procedure applies accordingly. The Federal Patent Court determines the amount of the security at its reasonable discretion and determines a time limit within which it is to be paid. If the time limit is not observed, the action is deemed to be withdrawn.