(1) A patent application containing a state secret (section 93 of the Criminal Code) may be filed outside of the territorial scope of this Act only with the written authorisation of the competent highest federal authority. The authorisation may be given subject to conditions.
(2) Any person who
1. contrary to subsection (1) sentence 1 files a patent application, or
2. contravenes a condition imposed in accordance with subsection (1) sentence 2
incurs a penalty of a term of imprisonment of no more than five years or a fine.