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The Law On Defense Of The Relevant Inventions

Original Language Title: Laki maanpuolustukselle merkityksellisistä keksinnöistä

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Law on inventions relevant to the defence of land

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1

The invention, which essentially matters to the defence of the defence and the secrecy of which is important for defence purposes, may be obtained under this law, after a patent has been applied for, by a decision of the Council of State, To the State.

An invention which, under paragraph 1, expropriated to the State, shall be subject to reasonable compensation to the holder of the invention from State resources. If the compensation is not agreed, the holder of the invention may make a separate application in market law. In this case, where applicable, the law on patents shall apply mutatis mutandis. (31.1.2013/104)

As regards the patent or patent application, this law also applies mutatis mutandis to the application for utility model law and utility model law. In this case, Article 18 of the Law on utility model law shall apply instead of Articles 21 and 22 of the Patents Act. (08.12.1992)

ARTICLE 2

If it is obvious that an invention is of primary importance for defence purposes, neither the inventor resident in Finland nor his right-holder may seek or justify another to seek a patent abroad before applying for a patent. In Finland and before six months have passed since the patent application was made here.

If it is obvious that an invention is of primary importance for defence purposes, an application for a European patent within the meaning of the European Patent Convention (Treaty SopS 8/96) is to be made by an inventor or his right-owner in Finland, or An international application to the Finnish Patent Office under Chapter 3 of the Patents Act. (22/05/1697)

ARTICLE 3

A person appointed by the Ministry of Defence has the right of access to patent applications made available to the patent and registry office.

If it is found that the invention essentially has a role to play in defence, the provisions of Articles 21 and 22 of the Patents Act shall not be applied by the Ministry of Defence.

If, within six months of the submission of an application, the State Council has not decided to expropriate an invention to the State, the examination of the application shall continue in the normal order.

However, in the case of an application for a European patent and an application for an international patent, the period provided for in paragraph 3 shall be:

(1) in the case of an application for a European patent, three months from the date of submission of the application to the Patents Authority or, where the privilege is requested, from a three-month-month benefit day; and

(2) in the case of an international patent application, three months from the date of application of the international application or, where the privilege is requested, 12 months from the date of the first day of benefit requested.

(22/05/1697)
§ 4

All authorities must deal with matters relating to inventions within the meaning of this law.

At the request of the Ministry of Defence, patent applications for inventions referred to in Article 1 issued by the Ministry or the Defence Agency, as referred to in Article 1, must not, in addition to confidentiality, be entered in the public journal.

§ 5

The invention which, according to this law, must be treated as a secret shall be granted for non-compliance with the provisions of Articles 20 to 22, 24 and 25 of the patent law intended to make the invention public, provided that the conditions for granting a patent are otherwise. (21.3.1997/245)

At the request of the Ministry of Defence, the patent referred to in paragraph 1 shall not be entered in the public patent register.

ARTICLE 6

As regards the right of the defence institution to work as an employer, the inventions of the persons employed by it are in force, which is expressly provided for by the employer's right.

§ 7

Anyone who has been informed of an invention within the meaning of this law must not exploit it or express what he has found out.

§ 8 (21.4.1995/5)

Penalty for breach of the obligation of professional secrecy laid down in Articles 2 and 7 Chapter 38 of the Criminal Code 1 or 2, if the act is not punishable Article 5 of Chapter 40 of the Penal Code Or otherwise, the law provides for a heavier penalty.

§ 9

The State Council shall, if necessary, provide more detailed provisions on the application and enforcement of this law.

ARTICLE 10

This Act shall enter into force on 1 January 1968.

Entry into force and application of amending acts:

8.9.1989/795:

This Act shall enter into force on 1 January 1990.

HE 58/88, Ivhms. 7/89, svk.M. 84/89

21.4.1995/599:

This Act shall enter into force on 1 September 1995.

THEY 94/93 , LaVM 22/94, SuVM 10/94

8.12.1995/1397:

This Act shall enter into force on 1 January 1996.

THEY 47/95 , Case 14/95, EV 46/95

22.12.1995/1697:

This Act shall enter into force at the time laid down by the Regulation. On 1 March 1996, L 1697/1995 came into force on 1 March 1996.

THEY 161/95 , TaVM 29/95, EV

21.3.1997/245:

This Act shall enter into force on 1 April 1997.

A patent application which before the entry into force of this Act has been accepted for public attention shall be examined and resolved before the entry into force of this Act.

THEY 254/1996 TaVM 1/1997, EV 6/1997

31.1.2013/104:

This Act shall enter into force on 1 September 2013.

The dispute that has entered the District Court before the entry into force of this Act shall be treated in accordance with the provisions in force at the time of entry into force of this Act.

Before the law enters into force, action can be taken to enforce the law.

THEY 124/2012 , LaVM 15/2012, EV 158/2012