(1) The parties may pursue proceedings before the Federal Patent Court themselves. Section 25 remains unaffected.
(2) The parties may be represented by a lawyer or patent attorney as agent. In addition, only the following may be authorised to represent the parties as agents before the Federal Patent Court:
1. employees of the party or of an associated company (section 15 of the Stock Corporation Act (Aktiengesetz)); authorities and legal persons under public law, including associations formed by them for the fulfilment of their public duties, may also be represented by employees of other authorities or legal persons under public law, including associations formed for the fulfilment of their public duties;
2. family members of full age (section 15 of the Fiscal Code (Abgabenordnung), section 11 of the Act on Registered Life Partnerships (Lebenspartnerschaftsgesetz)), persons qualified to hold judicial office and joined parties if the representation is not linked to a paid activity.
Agents who are not natural persons act through their organs and persons appointed to represent them in proceedings.
(3) The court refuses, by final order, those agents who are not authorised to represent in accordance with subsection (2). Procedural acts by an agent who is not authorised to represent and notifications or communications to such agent are effective until the agent is refused. The court may, by final order, refuse the agents designated in subsection (2) sentence 2 from further representation if they are unable to properly present the facts and the dispute.
(4) Judges may not act as agents before the court of which they are a member.
(5) The power of agency is to be filed with the court in writing. It may be subsequently filed; the Federal Patent Court may determine a time limit for this purpose.
(6) Deficiencies of the power of agency may be asserted at any stage of the proceedings. The Federal Patent Court is to give due consideration to the deficiencies of the power of agency ex officio, unless a lawyer or a patent attorney is acting as agent.