(1) Any person acting without the requisite consent of the proprietor of a patent or of a supplementary protection certificate (sections 16a and 49a) who
1. manufactures or offers, puts into circulation, uses a product which is the subject matter of the patent or of the supplementary protection certificate (section 9 sentence 2 no. 1) or either imports or holds the product for one of the purposes mentioned, or
2. uses or offers for use within the territorial scope of this Act a process which is the subject matter of the patent or of the relevant protection certificate (section 9 sentence 2 no. 2)
incurs a penalty of a term of imprisonment of no more than three years or a fine. Sentence 1 no. 1 also applies in the case of a product which has been manufactured directly by a process which is the subject matter of the patent or of the supplementary protection certificate (section 9 sentence 2 no. 3).
(2) Where the offender acts on a commercial scale, the penalty is a term of imprisonment of no more than five years or a fine.
(3) An attempt is punishable.
(4) In the cases referred to in subsection (1), the offence is prosecuted upon motion only, unless the criminal prosecution authority considers ex officio intervention imperative on account of the particular public interest in criminal prosecution.
(5) Objects to which the criminal offence relates may be confiscated. Section 74a of the Criminal Code applies. Where the claims referred to in section 140a are upheld in proceedings pursuant to the provisions of the Code of Criminal Procedure (Strafprozeßordnung) governing compensation for the aggrieved person (sections 403 to 406c), the provisions on confiscation do not apply.
(6) Where a penalty is imposed, an order is to be made, upon motion by the aggrieved party and upon demonstration of a legitimate interest, to the effect that the conviction be made public upon demand. The nature of the publication is to be laid down in the judgment.
(7) Insofar as a right to cessation and desistance is ruled out under section 139 (1) sentence 3, the injurer is not punished in accordance with subsection (1), (2) or (3).
(8) The criminal proceedings are to be suspended in accordance with section 262 (2) of the Code of Criminal Procedure where opposition proceedings or nullity proceedings are pending against the patent at issue.