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Legislative Implementation of Flexibilities - Estonia

Title:§ 18 and § 19 (4) and (5) of the Patent Act (Act No. RT I 1994, 25, 406, as last amended by Act No. RT I, 28.12.2011, 1)
Field of IP:Patents
Type of flexibility:Security exceptions
Summary table:PDF

Provisions of Law

§ 18. Compensation for classified inventions relating to national defence

(1) In the case of an invention relating to national defence classified on the initiative of the Minister of Defence, the proprietor of the patent and the author have the right to receive, during the period when the invention is classified, compensation for the restriction on the use of the invention due to classification. The author does not have the right to receive the aforesaid compensation if he or she has transferred this right.

(2) The payment and the amount of the compensation shall be decided by the Minister of Defence, taking into account, inter alia:

1) the estimated service life of the invention when classified;

2) the commercial profit which the author or the proprietor of the patent would presumably gain from the use of the invention if the invention was not classified.

(3) Compensation may be paid as a lump sum payment or in instalments.

(4) The specific conditions and procedure for the payment of compensation may be established by a regulation of the Minister of Defence.

(5) The author or the proprietor of the patent has no right to receive the compensation specified in subsections (1) – (4) of this section if the author or the proprietor of the patent has agreed separately with the Ministry of the Defence on his or her remuneration for the use of the classified invention for national defence purposes.

(6) Disputes over the amount of compensation and remuneration shall be settled by Harju County Court.

§ 19. Patent application

(2) The following documents shall be annexed to a patent application:

4) an application for classifying the patent application and a certificate of the Ministry of Defence or a competent authority of a foreign state concerning classification of the invention if the patent application contains either an invention relating to national defence classified by the Minister of Defence or an invention classified in the foreign state the application for the patenting of which has been submitted on the basis of an international agreement;

5) the permission of the competent authority of the foreign state for patenting the invention in the Republic of Estonia if the invention is classified in a foreign state and the application for classifying specified in clause 4) of this subsection is submitted by the applicant instead of the competent authority of the foreign state.

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