129.

In proceedings before the Patent Office, the Patent Court and the German Federal Court of Justice, parties shall be granted legal aid in accordance with the provisions of Sections 130 to 138.

130.

(1) In proceedings for the grant of a patent, an applicant for a patent shall, on request, subject mutatis mutandis to Sections 114 to 116 of the German Code of Civil Procedure, be granted legal aid if there are adequate prospects that the patent will be granted. Payments shall be made to the Federal Treasury of Germany.

(2) The grant of legal aid shall have the effect that the legal consequences resulting from the non-payment of the fees which are the subject of legal aid shall not come into effect. Section 122(1) of the German Code of Civil Procedure shall also apply mutatis mutandis.

(3) Where more than one person applies for a patent jointly, legal aid shall be granted only if all the applicants for the patent comply with the requirements of subsection (1).

(4) If the applicant for the patent is not the inventor or his sole successor in title, legal aid shall be granted only if the inventor also complies with the requirements of subsection (1).

(5) On request, as many annual fees shall be included in the legal aid, in lieu of a delay granted or to be granted under Section 18(1), as are necessary to avoid a limitation opposing a grant of legal aid under Section 115(3) of the German Code of Civil Procedure. The installments paid shall be set off against the annual fees only when the costs of the patent-granting procedure, including costs possibly arising for an appointed representative, are covered by the payment of the installments. To the extent that the annual fees shall be considered paid by the payment of the installments, Section 19 shall apply mutatis mutandis. The first sentence shall apply mutatis mutandis to the inclusion of the fees in the legal aid under Section 23(4), third sentence, and (5), second sentence.

(6) Subsections (1) to (3) shall apply mutatis mutandis in cases specified in Sections 43 and 44 to the third party filing the request if that third party can substantiate a personal interest worthy of protection.

131.

In proceedings for limitation of a patent (Section 64), the provisions of Section 130(1), (2) and (5) shall apply mutatis mutandis.

132.

(1) In proceedings for opposition (Sections 59 to 62), a patentee shall, on request, be granted legal aid, subject mutatis mutandis to Sections 114 to 116 of the German Code of Civil Procedure and Section 130(1), second sentence, and (2), (4) and (5). No account shall be taken of whether the legal defense offers adequate prospects of success.

(2) The first sentence of subsection (1) shall apply mutatis mutandis to the opponent and to the third party intervening under Section 59(2) as well as to the parties in procedures for nullity of a patent or for a compulsory license (Sections 81, 85) if the person making the request can substantiate a personal interest worthy of protection.

133.

A party who has been granted legal aid in accordance with the provisions of Sections 130 to 132 may, on request, be assigned a patent attorney or attorney-at-law of his choice who is prepared to represent him, or, on express demand, a holder of a certificate of representation, if such assignment appears necessary for the proper handling of the proceedings or a party with contrary interests is represented by a patent attorney, an attorney-at-law or a holder of a certificate of representation. Section 121(3) and (4) of the German Code of Civil Procedure shall apply mutatis mutandis.

134.

If a request for the grant of legal aid in accordance with Sections 130 to 132 is filed prior to the expiration of a period prescribed for the payment of a fee, that period shall be interrupted until the expiration of one month after service of the decision on the request.

135.

(1) A request for the grant of legal aid shall be filed in writing with the Patent Office, the Patent Court or the German Federal Court of Justice. In proceedings under Sections 110 and 122, the request may also be deposited with the registry of the German Federal Court of Justice.

(2) The decision on a request shall be made by the authority competent for the proceedings in respect of which legal aid is sought.

(3) Decisions rendered under Sections 130 to 133 shall not be appealable except for decisions of the Patent Division refusing the grant of legal aid or the assignment of a representative under Section 133; an appeal on points of law shall be excluded. Section 127(3) of the German Code of Civil Procedure shall apply mutatis mutandis to proceedings before the Patent Court.

136.

The provisions of Sections 117(2) to (4), 118(2) and (3), 119 and 120(1), (3) and (4), as well as Sections 124 and 127(1) and (2) of the German Code of Civil Procedure, shall apply mutatis mutandis. In opposition proceedings and in proceedings for obtaining a declaration of nullity of a patent or for a compulsory license (Sections 81, 85), the same shall also apply to Sections 117(1), second sentence, 118(1), 122(2), and Sections 123, 125 and 126 of the German Code of Civil Procedure.

137.

Legal aid may be withdrawn if the invention filed or protected by a patent, with reference to which legal aid has been granted, is commercially exploited through assignment, use, licensing or in any other way, and the income earned thereby has so altered the circumstances relevant for the granting of legal aid that the payment of the costs of proceedings can reasonably be expected to be paid by the party concerned; this shall also apply after the end of the period laid down in Section 124, item 3, of the German Code of Civil Procedure. The party to whom legal aid has been granted shall be obliged to reveal every commercial exploitation of the relevant invention to the authority which made the decision on the grant.

138.

(1) In proceedings relating to appeals on points of law (Section 100), the right to legal aid shall be granted to a party, upon request, under Sections 114 to 116 of the German Code of Civil Procedure mutatis mutandis.

(2) The request for the grant of legal aid shall be filed in writing with the German Federal Court of Justice; it may also be declared before and recorded at the registrar’s office of the Court. The German Federal Court of Justice shall decide on the request.

(3) In other respects, the provisions of Sections 130(2), (3), (5) and (6), 133, 134, 136 and 137 shall apply mutatis mutandis, provided that only an attorney-at-law admitted to practice before the German Federal Court of Justice may be assigned to a party who has been granted legal aid.