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Legislative Implementation of Flexibilities - Montenegro

Title:Articles 87 to 91 of the Law on Patents of 31/10/2008
Field of IP:Patents
Type of flexibility:Security exceptions
Summary table:PDF

Provisions of Law

Secret Patent Application Article 87

(1) An application filed by a national of Montenegro shall be considered to be secret if it concerns an invention of significance for the defence and security of Montenegro.

(2) Applications referred to in paragraph 1 of this Article shall be filed with the authority responsible in national defence.

Procedure in Respect of the Application Article 88

If the state administrative authority responsible for defence establishes in its examination of an application filed that it has ceased to have elements of secrecy, it shall forward the application to the responsible authority. Such application shall retain the filing date accorded to it by the state administrative authority responsible for national defence.

Procedure Following the Grant of a Patent Article 89

If the state administrative authority responsible for defence establishes, subsequent to the grant of a patent for a secret invention, that the invention has ceased to be secret, it shall forward the file concerning the invention to the responsible authority, which shall enter the patent in the appropriate Register, publish the information on the granted right and issue an appropriate certificate to the right holder, in accordance with the provisions of this Law.

Right to Exploitation Article 90

(1) The state administrative authority responsible for defence or state administrative authority responsible for internal affairs shall have the exclusive right to use and dispose of a secret invention.

(2) The inventor shall be entitled to a single lump sum compensation for the protected secret invention, regardless of whether or not the invention is used.

Publication of a Secret Invention and Its Protection Abroad Article 91

(1) A secret invention shall not be published.

(2) A national of Montenegro may claim protection for a secret invention abroad only subject to approval of the state administrative authority responsible for national defence.

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