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The Consolidate Secret Patents Act (Consolidate Act No. 547 of October 25, 1978)

 The Consolidate Secret Patents Act (Consolidate Act No. 547 of October 25, 1978)

Denmar

The Consolidate Secret Patents Act Publicatio of the Secret Pate ts Act No. 18, 27th Ja uary, 1960, as ame ded by Act No. 215,

31st May, 1968, a d by Act No. 265, 8th Ju e, 1978

Section 1 (1) For i ve tio s relati g to war materiel or processes for the ma ufacture of war materiel

secret pate ts may be gra ted i accorda ce with the provisio s below.

(2) For the purposes of this Act the mea i g of “war materiel” shall be defi ed by Royal decree.

Section 2 If required for the sake of the defe ce of the cou try, the Mi ister of Commerce may at the

request of the Mi ister of Defe ce decide that a pate t for a i ve tio comprehe ded by sectio 1 shall be gra ted as a secret pate t, provided that the applicatio for a pate t for the said i ve tio has bee filed by a perso or a e terprise residi g i this cou try or by a Da ish i stitutio .

Section 2a (1) For a i ve tio comprehe ded by sectio 1 a d ow ed by a perso or a e terprise

residi g i this cou try or by a Da ish i stitutio pate t protectio may ot be sought o the basis of a i ter atio al applicatio desig ati g De mark or bei g cha ged after the fili g to desig ate De mark, u less the applicatio is filed through the Pate t Authority of this cou try.

(2) If it is decided that a pate t for the i ve tio i this cou try may be gra ted o ly as a secret pate t, the applicatio may ot be proceeded with as a i ter atio al applicatio without the authorizatio of the Mi ister of Defe ce. If such authorizatio is ot give , the applica t may co vert the applicatio i to a applicatio for a pate t i De mark o ly; i that case the provisio s of Part III of the Pate ts Act co cer i g co versio shall apply mutatis mutandis.

Section 3 (1) A i ve tio comprehe ded by sectio 1 a d bei g the subject of a applicatio for a

pate t filed by a perso or a e terprise residi g i this cou try or by a Da ish i stitutio may ot be published, disclosed to others or made the subject of a applicatio for a pate t, for the registratio of a utility model or for a y other protectio i a foreig state without the authorizatio of the Mi ister of Defe ce. Neither may rights attached to such applicatio be tra sferred to others by agreeme t or by legal proceedi gs without the co se t of the Mi ister of Defe ce.

(2) The provisio s of subsectio (1) shall ot apply after the expiry of 3 mo ths from the fili g of the applicatio , u less it has bee decided that a pate t, if gra ted, shall be gra ted as a secret pate t or the applica t has bee otified that the matter has ot bee fi ally decided upo a d that, co seque tly, the provisio s of subsectio (1) will be applicable for a further 3 mo ths.

The Mi istry of Commerce file No. 163-2-76

Section 4

DK Pate ts (Secret), Act (Co solidatio ), 27/01/1960 (25/10/1978), No. 18 (No. 547) Page 1 / 3

Denmar

The provisio s of sectio s 2, 2a a d 3 shall ot apply to a y i ve tio which prior to the fili g of a applicatio for a pate t has bee published or made the subject of a applicatio for a ordi ary pate t abroad. Nor shall they apply to a y i ve tio which has previously bee made the subject of a applicatio for a pate t i De mark if after the expiry of the time limits prescribed i sectio 3 such applicatio has bee proceeded with as a applicatio for a ordi ary pate t.

Section 5 Applicatio s for pate ts which are to be gra ted as secret pate ts shall be exami ed a d

processed accordi g to the provisio s of the Pate ts Act, with the proviso that the provisio s of sectio s 19 to 23 shall ot apply. If the applicatio complies with the requireme ts, a d if there is o basis for a refusal u der sectio 16, a secret pate t shall be gra ted a d a pate t certificate be issued.

Section 6 If it has bee decided to gra t a pate t as a secret pate t, the advertiseme t of the gra t

provided for i sectio 26 of the Pate ts Act a d the e try i the Register referred to i sectio 27 shall be effected with a i dicatio of the words “secret pate t” a d without a y i dicatio of the subject-matter of the pate t a d the ames of the proprietor of the pate t a d his age t. Also a y further advertiseme ts co cer i g the pate t shall be effected with a i dicatio of the said words a d without a y i dicatio of the i formatio referred to. U til further otice pri ti g a d publicatio of the pate t specificatio shall ot be effected, a d the files of the pate t applicatio a d the pate t shall ot be ope to i spectio . The publicatio fee shall, however, be payable i the usual way.

Section 7 I ve tio s which are the subject of secret pate ts may ot be sought protected by pate ts

abroad or disclosed to third parties without the co se t of the Mi ister of Defe ce. Neither may rights attached to such pate ts be tra sferred to others by agreeme t or by legal proceedi gs without the co se t of the Mi ister of Defe ce.

Section 8 (1) Where a decisio u der sectio 2 is resci ded prior to the gra t of the pate t, the

applicatio shall be proceeded with accordi g to the ormal provisio s of the Pate ts Act.

(2) Where a decisio u der sectio 2 is resci ded after the gra t of a secret pate t, that pate t shall be co verted i to a ordi ary pate t. I that case the Register of Pate ts shall be suppleme ted with the i formatio to be e tered i the Register accordi g to the provisio s applicable to ordi ary pate ts just as a complete advertiseme t co cer i g the pate t shall be effected. Furthermore, the pate t specificatio shall be published.

(3) Whe a secret pate t ceases to have effect, the correspo di g pate t specificatio shall be published without u due delay, u less the Mi ister of Defe ce decides that the i ve tio shall co ti ue to be kept secret.

Section 9

DK Pate ts (Secret), Act (Co solidatio ), 27/01/1960 (25/10/1978), No. 18 (No. 547) Page 2 / 3

Denmar

The provisio s of sectio 8(1) a d (2) shall apply mutatis mutandis if it is proved to the Pate t Authority that the i ve tio has bee disclosed i such a ma er as to e able a perso skilled i the art to carry it out.

Section 10 The Mi ister of Commerce may direct that applicatio s for pate ts for i ve tio s

comprehe ded by sectio 1 a d filed i this cou try by i stitutio s, perso s or e terprises residi g i a foreig state shall be exami ed a d processed accordi g to the provisio s of this Act a d that the pate ts, if gra ted, shall be gra ted as secret pate ts.

Section 11 (1) A y violatio of the provisio s of sectio s 2a, 3 a d 7 shall be pu ished by fi es or by

impriso me t of ot more tha 1 year, provided that a severer pu ishme t is ot provided for by other legislatio .

(2) The same pu ishme t shall be imposed upo a y perso who discloses a i ve tio to third parties after the Mi ister of Defe ce has decided u der sectio 8 (3) that it shall co ti ue to be kept secret.

(3) I legal proceedi gs co cer i g the i ve tio s provided for i this Act the court may decide that the case shall be heard in camera.

Section 12 After egotiatio with the Mi ister of Defe ce the Mi ister of Commerce may lay dow the

provisio s ecessary for the impleme tatio of this Act, i cludi g provisio s gover i g the right of the Mi istry of Commerce a d the Mi istry of Defe ce to make themselves acquai ted with the pate t applicatio s filed with the Pate t Office.

Act No. 265, 8th Ju e, 1978, co tai s the followi g provisio co cer i g e try i to force:

Section 2 The date o which this Act shall e ter i to force shall be fixed by the Mi ister of Commerce.

The Ministry of Commerce, the 25th October, 1978

ARNE CHRISTIANSEN

/ E. Molgaard

DK Pate ts (Secret), Act (Co solidatio ), 27/01/1960 (25/10/1978), No. 18 (No. 547) Page 3 / 3