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Legislative Implementation of Flexibilities - Denmark

Title:Section 70 of the Consolidated Patents Act No. 108 of 24/01/2012 and Sections 1, 2, 2a and 3 of the Consolidate Secret Patents Act No. 107 of 24/01/2012
Field of IP:Patents
Type of flexibility:Security exceptions
Summary table:PDF

Provisions of Law

70.- For inventions relating to war material or processes for the manufacture of war materiel, secret patents may be granted in accordance with the special provisions laid down to that effect

Consolidate Secret Patents Act No. 107 of 24/01/2012

1.- (1) For inventions relating to war materiel or processes for the manufacture of war mate-riel secret patents may be granted in accordance with the provisions below.

(2) For the purposes of this Act the meaning of "war materiel" shall be defined by Royal decree.

2. If required for the sake of the defence of the country, the Minister of Business and Growth may at the request of the Minister of Defence decide that a patent for an invention comprehended by section 1 shall be granted as a secret patent, provided that the application for a patent for the said invention has been filed by a person or an enterprise residing in this country or by a Danish institution.

2. a.-(1) For an invention comprehended by section 1 and owned by a person or an enterprise residing in this country or by a Danish institution patent protection may not be sought on the basis of an international or a European application designating Denmark or being changed after the filing to designate Denmark, unless the application is filed through the Patent Authority of this country.

(2) If it is decided that a patent for the invention in this country may be granted only as a secret patent, the application may not be proceeded with as an international or a European application without the authorization of the Minister of Defence. If such authorization is not given, the applicant may convert the application into an application for a patent in Denmark only; in that case the provisions of Part III and Part XA of the Patents Act concerning conversion shall apply mutatis mutandis.

3.-(1) An invention comprehended by section 1 and being the subject of an application for a patent filed by a person or an enterprise residing in this country or by a Danish institution may not be published, disclosed to others or made the subject of an application for a patent, for the registration of a utility model or for any other protection in a foreign state without the authorization of the Minister of Defence. Neither may rights attached to such application be transferred to others by agreement or by legal proceedings without the consent of the Minister of Defence.

(2) The provisions of subsection (1) shall not apply after the expiry of 3 months from the filing of the application, unless it has been decided that a patent, if granted, shall be grant-ed as a secret patent or the applicant has been notified that the matter has not been finally decided upon and that, consequently, the pro-visions of subsection (1) will be applicable for a further 3 months.

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