Federal Act
on Patents for Inventions
(Patents Act, PatA)¹

¹ In the event of a con­vic­tion, the court may or­der the for­feit­ure and sale or de­struc­tion of the un­law­fully man­u­fac­tured products or equip­ment, devices and oth­er means that primar­ily serve their man­u­fac­ture.¹⁶⁴

² The net pro­ceeds from the sale shall firstly be used for the pay­ment of the fine, then the pay­ment of the in­vest­ig­a­tion and court costs, and fi­nally for the pay­ment of a fi­nal un­ap­peal­able award of dam­ages to the in­jured party and to cov­er their lit­ig­a­tion costs; any sur­plus shall go to the former own­er of the goods sold.

³ Even in the event of the dis­missal of the ac­tion or an ac­quit­tal, the court may or­der the de­struc­tion of the equip­ment, devices and oth­er means in­ten­ded primar­ily for the in­fringe­ment of the pat­ent.¹⁶⁵