(1) Applicants, proprietors of a patent or their successor in title who refrain from using an invention which is patentable under sections 1 to 5 for peaceful purposes having regard to an order issued in accordance with section 50 (1) are entitled to compensation from the Federal Republic of Germany for pecuniary loss arising therefrom if and insofar as they cannot be reasonably expected to carry the cost of the damage themselves. When assessing reasonableness, account is in particular to be taken of the economic situation of the party suffering damage, the amount of the expenses for the invention or for acquiring rights in the invention, the level of probability of the need to keep the invention secret discernible when the expenses arose, as well as the benefit ensuing for the party suffering damage from other use of the invention. The claim cannot be asserted until the patent has been granted. The compensation can only be claimed in retrospect and for periods no shorter than one year.
(2) The claim is to be asserted before the competent highest federal authority. An appeal may be lodged with the ordinary courts.
(3) Compensation pursuant to subsection (1) is granted only if the first application in respect of the invention has been filed with the German Patent and Trade Mark Office and the invention was not already kept secret by a foreign state for defence reasons before an order was issued in accordance with section 50 (1).