Where the designation is made for the purposes of a national patent:
The applicant may, from the date of publication of the international application, claim payment of an indemnity from any person who, without being entitled to do so, uses the subject of the application. If the application is not published in German, this right commences from the date of publication of a translation of the international application into German submitted to the Austrian Patent Office.
Where the designation is made for the purposes of a European patent:
(1) International application published in one of the EPO official languages:
compensation reasonable in the circumstances, on condition that any national requirements relating to the translation of the claims in the application have been met.
(2) International application published in a language which is not an EPO official language:
the protection referred to in (1) does not become effective until the EPO publishes the international application supplied to it in one of its official languages.