(1) Patents have no effect in a case where the Federal Government orders that the invention is to be used in the interest of public welfare. Further, it does not extend to a use of the invention which is ordered in the interest of the security of the Federal Republic of Germany by the competent highest federal authority or by a subordinate authority acting on its instructions.
(2) The Federal Administrative Court is competent to hear an appeal from an order made pursuant to subsection (1) if the order was made by the Federal Government or by the competent highest federal authority.
(3) In the cases referred to in subsection (1), the proprietor of the patent is entitled to equitable remuneration from the Federal Republic of Germany. In the event of dispute as to its amount, recourse may be taken to the ordinary courts. A Federal Government order as referred to in subsection (1) sentence 1 is to be communicated to the person entered in the Register as the proprietor of the patent (section 30 (1)) before the invention is used. Where the highest federal authority which issued an order or instruction in accordance with subsection (1) sentence 2 obtains knowledge of a remuneration claim pursuant to sentence 1, this authority is to communicate this to the person registered as the proprietor of the patent.