Title: | Section 13 of the Patent Law of 05/051936 as last amended by the Law of 31/07/2009 |
Field of IP: | Patents |
Type of flexibility: | Security exceptions |
Summary table: |
Section 13
(1) A patent shall have no effect should the Federal Government order that the invention is to be used in the interest of public welfare. Nor shall the effect of a patent extend to any use of the invention ordered in the interests of the security of the Federal Republic by the competent highest federal authority or, on the latter's instructions, by a subordinate agency.
(2) Should an order under subsection (1) be challenged, the Federal Administrative Court [Bundesverwaltungsgericht] shall have jurisdiction if said order was issued by the Federal Government or the competent highest federal authority.
(3) In those cases referred to in subsection (1), the patentee shall have a claim against the Federal Republic for reasonable compensation. In the event of dispute as to the amount, legal action may be brought before the ordinary civil courts. Any order by the Federal Government under the first sentence of subsection (1) shall be communicated to the person recorded as patentee in the Register (Section 30(1)) before the invention is used. If the highest federal authority that has issued an order or an instruction under the second sentence of subsection (1) becomes aware that a claim for compensation has arisen under the first sentence, said highest federal authority shall communicate this to the person recorded in the Register as patentee.