(1) As from the publication of a reference pursuant to section 32 (5) the applicant can claim compensation which is reasonable in the circumstances from any person who used the subject matter of the application although he or she knew or should have known that the invention he or she used formed the subject matter of the application; further claims are ruled out.
(2) The entitlement does not exist in cases where the subject matter of the application is obviously not patentable.
(3) The provisions of Book 1 Division 5 of the Civil Code (Bürgerliches Gesetzbuch) apply accordingly to limitation, with the proviso that the limitation becomes effective at the earliest one year after the grant of the patent. Where the person obliged obtains something as a consequence of the infringement at the expense of the person entitled, section 852 of the Civil Code applies accordingly.