(1) Patents further have the effect that any third party is prohibited, in the absence of the consent of the proprietor of the patent, from supplying or offering to supply, within the territorial scope of this Act, persons other than those entitled to exploit the patented invention with means relating to an essential element of the invention for use within the territorial scope of this Act if the third party knows or if it is obvious from the circumstances that those means are suitable and intended for using that invention.
(2) Subsection (1) does not apply if the means are generally available commercial products, except where the third party induces the person supplied to perform any of the acts prohibited under section 9 sentence 2.
(3) Persons performing the acts referred to in section 11 nos. 1 to 3 are deemed, within the meaning of subsection (1), not to be persons entitled to exploit the invention.