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Legislative Implementation of Flexibilities - Slovakia

Title:Article 59 and 60 of the Act No. 435/2001 Coll. on Patents, Supplementary Protection Certificates and Amendment of Some Acts (The Patent Act)
Field of IP:Patents
Type of flexibility:Security exceptions
Summary table:PDF

Provisions of Law

Protection of confidential information

Article 59

(1) If a national applicant knows or due to circumstances should know that an application contains confidential information pursuant to a special regulation, he shall be obliged to request confidentiality for an application in the application.

(2) Applicant shall be obliged to file an application pursuant to paragraph 1, which is an international application or a European patent application, with the Office.

(3) The Office after conferring a filing date (Article 35) shall deliver one version of an application to the National Security Office (hereinafter referred to as "Security Office") together with request for decision on confidentiality of an application pursuant to a special regulation or with request for permission of filing an application abroad.

(4) The Office may proceed pursuant to paragraph 3 also in case when an applicant has not requested confidentiality for an application pursuant to paragraph 1.

(5) The Security Office shall decide on request pursuant to paragraph 3 and deliver decision to the Office. In case that an international convention, treaty or agreement, by which the Slovak Republic is being bound, enables it, the Security Office shall supplement decision with a request confidentiality for subject-matter of an application by contracting party, in which an application shall be filed. The Office shall notify an applicant on decision of the Security Office.

(6) Application pursuant to paragraph 1, which is neither a European patent application nor an international application, may be filed by an applicant directly abroad only on basis of permission of the Security Office pursuant to paragraph 3, issued on request of an applicant.

(7) If in a consequence application confidentiality or as a result of refusing request for permission to file an application abroad pecuniary injury, consisting in preventing or restricting commercial exploitation of a patent (Article 3(h)), incurs to a patent owner, he shall be entitled to a compensation of pecuniary injury towards the Slovak Republic represented by a state administration authority to competence of which subject-matter of a confidential application belongs.

(8) Article 11(5) shall apply mutatis mutandis to determination of amount of pecuniary injury pursuant to paragraph 7.

(9) Patent applications, European patent applications or international applications, for confidentiality of which contracting party or foreign applicant request pursuant to an international convention, treaty or agreement binding for the Slovak Republic, shall be considered confidential pursuant to a special regulation. A foreign applicant who does not act on behalf of contracting party shall be obliged to prove confidentiality of subject-matter

of an application by contracting party, to submit permission of contracting party for filing an application in the Slovak Republic and to supplement a declaration on waiving any claims for compensation of damage or other pecuniary injury which might occur as a result of confidentiality of an application within the territory of the Slovak Republic.

(10) Provisions of this Act shall apply to proceedings on applications which are confidential or deemed to be confidential pursuant to a special regulation, with exception of publication (Article 41) and accessibility of data (Article 56) related to confidential application or patent.

(11) If the Security Office does not consider facts contained in an application confidential pursuant to a special regulation, the Office shall notify this fact to an applicant and shall proceed on an application without confidentiality regime.

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